A complicated case. The history of Section 19, Timaru and "Jimmy the Needle."

James Saunders, ferryman at the Waitaki, who rejoiced in the name of "Jimmy the Needle" died on the same day as the birth of the second son, 29th December, 1862 by drowning in the Waitaki.  He is buried in the Georgetown Cemetery (near Duntroon) (up the Waitaki River). The headstone James Saunders-Loder "Jimmy the Needle" drowned 1862.

North Otago Times, 29 September 1877, Page 2
The grave with the stone fence is Jemmy the Needle's, and I have been told that an old friend who owed him some money, on returning to the district, finding him dead, erected the stone wall as payment.  

Georgetown Cemetery, North Otago. Photo taken 11 April 2013 by Bruce Comfort. 
Jimmy's grave has a stone fence built from local Schist - there is just a bit nearby - a rarity in the Lower Waitaki Valley. The Georgetown cemetery is rather unkempt - at least at the back. Jimmy's grave is marked with a hand tooled inscription on a limestone block.


Nelson Evening Mail, 16 June 1885, Page 2
Timaru. In the Supreme Court a curious case is proceeding, namely, Saunders v. Cabot, an action to compel the performance of an agreement. The plaintiffs, who are two sons of the late James Saunders alias Jimmy the Needle, formerly a ferryman at the Waitaki, by his wife a Maori half caste, allege that in 1859 Cabot, a farmer in Timaru, sold town section 19 to the deceased for £30; that he subsequently burned the agreement and held possession of the section which was now of great value. It was sought to compel the defendant to carry out the agreement and to restore the land with all the profits, rents, &c, since accrued. The case is now proceeding. 

S.C. Museum Online Database Record
Rate Roll, 1867 - Town of Timaru
Number of Section 19 
Number of part Rural Section RT 8 
Acres 0 Roods 1 Perches 0 
Pounds 3 Shilling 0 Pence 0 
Where Situated: 	Great South Road 
Occupier: 		Turnbull 
Freeholder: 		Saunders (Wm?) 
Property Description: 	Timber Yard 
Entry Type: 		Pen 

James Saunders, alias "Jimmy the Needle" a soubriquet by which he was known in the Waimate district. He was tall and thin with disproportionately long legs.
Soubriquet - a humorous epithet, assumed name, or nickname.

May 2009

Timaru Herald, 17 June 1885, Page 3
SUPREME COURT. (Before His Honor Mr Justice Johnston.)
HALF-YEARLY SESSION. CIVIL BUSINESS. TIMARU, Tuesday, June 16th. (Before His Honor Mr Justice Johnston.) His Honor took his seat at 10 a.m. SAUNDERS AND ANOTHER V. T. CABOT. This civil case, the claim in which was not given but which was in respect of the nonfulfilment of a specific agreement, was taken yesterday before a special jury.- Mr Geo. Harper, with him Mr Clement, for the plaintiffs; Mr Joynt, with him Mr C. T. H. Perry, for the defendant. When the special jurors were called on Mr Harper intimated that both sides had agreed to excuse J. G. Thierens and W. F. Aplin from attending. S. A. Bristol, J. R. Brown, and A. Grant were not in attendance when their names were called out. It was proved by Sergeant Cullen that Mr Bristol had gone on a trip to England. Constables proved the serving of the summons on the other two jurors named, who were fined £5 unless cause was shown for non-attendance. About 10.30 Mr A. Grant appeared in Court, and after explaining to His Honor that he thought he would be on time if he came in by train, His Honor decided to remit the fine in his case. He, however, stated that jurors must distinctly understand that they must be in attendance at Court by the hour named on their summonses, otherwise the business of the Court could not go on. The following, were then impannelled as a jury :--Messrs E. Clissold, S. D. Barker, D. McLaren, Jas. Patterson, J. Miller, O. N. Orbell, J. Boys, A. Wyllie, E. Elworthy, W. J. Tennant, Geo. Cliff, and W. M. Sims. Mr, Edward Elworthy was chosen Foreman. All witnesses were ordered out of Court. Mr Harper then stated his case. The action, he said, was between Henry and James Saunders, of Waimate, and Thomas Cabot, of Timaru. Plaintiffs were the sons of the late James Saunders, ferryman at the Waitaki, who rejoiced in the name of "Jimmy the Needle." In December 1850 Jimmy the Needle purchased from Cabot lot No. 19, part of R.S. No. 7655, a section on the Great North Road in the centre of the town of Timaru. From the evidence he proposed to lead he would show what agreement had been entered into about the a land but he would inform the Court at once that this agreement was not forth-coming, as Cabot had destroyed it. He anticipated Mrs Saunders' evidence would prove this without any difficulty. On the 16th January, 1860, Jimmy the Needle married one Elizabeth Wixon, and in course of time two sons, the plaintiffs in this action, were born to them. He would prove that  the marriage had been duly solemnised that the plaintiffs were the sons of James Saunders and Elizabeth Wixon, and that the father died about the time of the birth of the second son (29th December, 1862) The sons had now come of age, and were asserting their rights in respect to the land named. The father left a will - it was not much of a will but was still quite sufficient, and was attested by Alex. Mitchell, Denis Garvey and William Hayton. The will was dated "The Spit, Waikouaiti, 22nd October, 1862," and left the property to be equally divided between the wife and family. After the death of James Saunders, and after the making of this will, the property in the Great North Road, Timaru, remained unoccupied for some years, after which the widow let it to Mr Richard Turnbull. The arrangement with Mr Turnbull was terminated in 1867, about which time Mrs Saunders accompanied by her sister (Mrs Dickenson) came to town to see Mr Turnbull about the purchase of the land, the details of which interview they would learn on hearing Mr Turnbull's evidence read over. Afterwards Mrs Saunders went to Cabot about the title-deeds to the land, and he told her she had no right to it, because she had not been lawfully married to Saunders, and that her children had not been born in wedlock. After some further negotiations, however, Cabot arranged to purchase the land for £75, on condition that Mrs Saunders ceased to make any claim to the a property, and delivered to him the conveyance or agreement to the land. The money was paid over, and Cabot then put the agreement into the fire in the presence of Mrs Saunders and her sister, Mrs Dickenson. This occurred in 1878, the plaintiffs in this action being then infants. They now claimed that their mother had no right whatever, either under the will or in any way, to part with their interest in this property, and they asked for judgment on the following grounds
(1) that they may be entitled to the land or two' thirds thereof under the will
(2) that the defendant shall be decreed to execute all deeds, transfers, and documents as shall be necessary to vest the said land or them interest therein in the plaintiffs
(3) that the defendant shall be decreed to account for the rents and profits of the land since the date he took possession thereof or m the alternative
(4) that Henry Saunders be declared to be entitled to the land as heir-at-law of James Saunders, deceased
(5) that defendant be decreed to execute all documents, etc., as shall be necessary to vest the a land in the said Henry Saunders and
(6) that defendant shall account for all rents and profits since he took possession of the land.
The defence filed, Mr Harper and, was a general denial of everything contained in the plaintiffs' claim with one exception, viz., defendant admitted he was the registered proprietor of the section in dispute. The section, Mr Harper added, had been leased for a long term by Mr Bowker, who had put buildings on it worth over £1000, and whatever the result of this action his rights under the said lease would have to be respected. Learned counsel also pointed out that both parties to this suit came into Court on a level, owing to the present disposition of the property, and he then called the following witnesses:

James Scarf: I am a laborer, living in Timaru. I knew one named James Saunders, commonly called Jimmy the Needle, at Timaru. I know the defendant have known him about six and twenty years, and I know a section in Timaru on which are some buildings of Mr Bowker's. At one time I was owner of the stables that were on the 5 section named. There were no other buildings on it when I was there. I first know of the section twenty-six years ago. I don't know who it belonged to, but it was generally considered to belong to Cabot. I recollect Jimmy the Needle being in Timaru m 1859. I saw him and Cabot once. I heard them talking, but it is so long ago I have forgotten what they were talking about. Cabot had no conversation with me about the section that I remember. I do not remember him speaking to me about Jimmy the Needle. I recollect putting up a building with Cabot on the section where the Union Bank now stands. That was next to the section in dispute. The building was put up for Sam Williams. At that time the section in dispute was not built on. I do not remember Cabot saying the section was his. Cabot never told me anything about selling it to Saunders. He has mentioned this action to me and said that he never sold the section and never know Jimmy the Needle.
To Mr Joynt: Cabot told me three weeks ago that he had never known Jimmy the Needle, and that he had never sold him the land. It is about 26 years ago I saw them talking together, down on the beach. I don't know if Cabot knew who Jimmy the Needle was. Sam Williams' hotel was the most frequented at that period. Nobody else but Cabot has been talking to me since this action was commenced. It was just mentioned to me by Mr Clement about a month ago. That was before I saw Cabot. I remember the time when Rhodes sold town sections.

James Shepherd: I am a storekeeper in Timaru. I knew James Saunders in '59-60. I knew Cabot. I remember seeing them together in Timaru in 1859, and I saw a piece of land sold by Cabot to James Saunders, and saw part of the purchase money paid for it. I believe a it was a quarter-acre section situate in the Main Road. Sam Williams was present at the sale besides me and Cabot. I saw the a writing that passed, and read it, I believe. It was signed "Thomas Cabot," and also, I believe, by me as a witness. Twenty sovereigns were paid down at the time. The document was written on ordinary paper. I have known the section concerned since I have been in Timaru, both before and after it was built on. The Salvation Army Barracks, I believe, are now on the section. Mr Richard Turnbull had two brick shops on it many years ago, but they were, burned in the "great fire."

To Mr Joynt: I am sure I saw the paper, and I believe I read it. I think Cabot wrote it out, because he was the best writer of the lot. I did not see him write it, nor am sure I saw him sign it. I am sure I saw the money paid. The paper was simply a receipt for the £20, and I put my name down as I having seen the money paid. It was evening I cannot swear it was not midnight. The receipt was signed at Williams' Hotel in the bar, in ink, not in beer.

Elizabeth Harper: I am the wife of James Harper, of Waimate. I was formerly the wife of James Saunders, ferryman at the Waitaki. I was married to him about 25 years ago. He died 22 years ago. I married again 21 years ago. I had two children by James Saunders Henry first, then James. Henry is now going on for 23 James for 22. I was married to Saunders at the Waitaki by Mr Andrews, Church of England Minister, at  -Saunders' own house. I know one Hayton after I was married. He was present at the baptism of my eldest son; he acted as godfather. The boy was baptised by Mr Giffard, Church of England Minister, Oamaru. I recollect my husband's death. He was drowned in the Waitaki river the very day my second son was born. After his death, I got Hayton to look over his papers. He gave me a receipt for a section at Timaru. I could not read it, but I kept it by me. I gave it to Lionel William Fitch after my husband's death, and he gave it to Mr D'Oyly, solicitor, Timaru. Fitch read the document to me, but I cannot recollect the contents of a it. Fitch afterwards brought it back. I knew some land then in Timaru, and I saw Mr Turnbull about it. Four or five years after my husband's death I took the receipt with me and showed it to Mr Turnbull. After that I let him the section, which was situate above the Club Hotel. No buildings were then on it, but a stable at the back. Mr Fitch pointed out the section to me. Mr Turnbull paid me £10 a year for the section, and I took the rent out in goods. I did not know Cabot then. It was after Mr Turnbull gave up possession I knew him. I came in to see Rhodes' agent about the deeds and he (Captain Scott) gave me a note to take to Cabot. I, my a r sister, and James Watson went to see Cabot: I gave him the note Scott gave me. He read it, and went into the house and brought out a paper and said This is the deeds." He added that he had as much right to the section as I had, because I was not married to Saunders, and that my children were not born in wedlock. I told him I was married to Saunders, and then came away. I again saw Mr D'Oyly, solicitor I also saw Cabot again, and sold him the section for £75. He paid me by cheque, and he went with me and we cashed it. I signed the receipt. The paper I gave him he tore up and put in the fire. That was the paper I received from Hayton, took to Mr Turnbull and to Cabot, and was what I believed to be the receipt for the land. My sister was present when Cabot put the paper in the fire that was the day after I sold the section. After I sold the section I went home again. The first interview I had with Cabot was at his house the second at the Commercial Hotel.

To Mr Joynt: When I first saw Turnbull about the section I showed him the receipt. That was about five or six years after my husband's death. It was a long time after (it might have been over two years) I saw Cabot. The first day I saw him I did no business the next day I sold him the land. That was the day Cabot burnt the paper. I signed the receipt for the £75 with my mark, as I cannot read or write. The paper Cabot put in the fire was colored blue, and was not very small. I did not leave this paper with Mr Turnbull at all. I only showed it to him. I kept it for a long time afterwards. I did not offer to sell the land to Mr Turnbull; he did not offer to buy it. When I sold the land I thought I had a perfect right to do so. Cabot said if there was any bother about it he would stand the consequences. I did not go to him to sell it I only went for the deeds to the land. Cabot did not ask me to get deeds drawn out, and he would sign them. Before I sold the land I went to Mr D'Oyly. I did not go to see him about the land; only to get advice about the deeds. I don't know the value of the land. I thought I was well paid by getting £75. I spent the £75. The boys are living with me. I spent the money on them as well as on myself. My husband only left this property. I did not give Harper, my present husband, the £75. When the children came of age I did not tell them to claim the land. Some of their friends told them to do so. Dickenson, my brother-in-law, told me to claim the land back from Cabot. It is about two or three years since he told me. I said nothing I left it to the boys, who said they would try for it. Up to this time I thought the land lawfully belonged to Cabot. Polson, the landlord of the Commercial Hotel, was present at the time of the interview, but he did not see Cabot throw the paper into the fire. Cabot said when doing it, "We shall hear no more about that."

Jane Dickenson, wife of Geo. Dickenson, formerly of Waimate, but now of Sydney, and sister to Mrs Harper, formerly Mrs Saunders, corroborated the evidence given by the latter respecting the interviews with Cabot, and to Mr Joynt witness said she remembered everything distinctly, although the facts had taken place over 17 years ago. She said she had come from Sydney to give her evidence in this case, which a man named Slee had first spoken to her about. It was before she went to Sydney— some twelve months ago that Slee first spoke to her about it.

Lionel William Fitch I am a boatman at Picton. I was a sawyer once at Waimate. I knew Saunders the ferryman. I know his wife. I knew them in 1862. They had two boys. I saw a paper in Mrs Harper's (formerly Mrs Saunders) possession. I saw it first at the Waitaki, and afterwards at Waimate. I had it my possession and read it over. It was signed by Sam Williams and another man who is now a grocer in this town. The paper purported to be a receipt of a sale of land from Cabot to Jas. Saunders. On the other side was a receipt from Rhodes to Cabot. I got the paper from Mrs Harper for the purpose of getting the deeds from Rhodes. I left the paper with Mr D'Oyly, solicitor, Timaru. I knew Mr Richard Turnbull, and I showed him the paper. He afterwards leased the land from Mrs Harper. There were only Scarf's stables on the back of the section then. I saw Cabot about the land and he said the woman (meaning Mrs Saunders) had no right to it because she was not married to Saunders. Nothing else transpired at the I interview, and I did not see Cabot afterwards.

 To Mr Joynt; The conversation I had with Cabot took place in 1864 close to the hotel Melton had then on the North Road. I have not forgotten the transactions that took place because I took particular pains to try and get the deeds for the children. I visited Saunders at the Waitaki only once, a year before his death. I arranged the lease with Turnbull in 1864, after I saw Cabot.

Wm. Hayton I am a mason at Waimate. I knew Saunders in October, 1862. He showed me a paper rotating to a section of land, and on it I saw Cabot's signature. Saunders offered me the section for £100, but I refused it. There was the name "Shepherd" on the document. Cabot and Sam Williams came to Waitaki while Saunders was at Waikouaiti. Saunders showed me the document (produced), and got me to sign it as witness. I did not see the paper signed. Saunders' name was on it before I signed it. I knew Saunders' sons, but did not know how long Saunders had been married. An I. O. U. for £9 was given by Saunders to Sam Williams, which Williams wanted me to pay on Saunders' behalf, but I refused to do so. Three days after Saunders death when I collected his papers I came across a Crown deed, which, with the other papers, I sealed up in an envelope and gave to Mrs Saunders, telling her at the same time to take care of them.

To Mr Joynt: Saunders' second son was born on the 28th December 1865 the same day that Saunders was drowned. I did not think the sections in Timaru at that time were worth £40. I knew what the papers were about from what Sam Williams had told me, but I did not read them. I read part of the papers, but could not remember what they were about. The evidence of Richard Turnbull, auctioneer, Timaru, taken a few days ago, was, at the request of Mr Harper, read by the Registrar. .It was to the effect that he had bought timber from one Fitch then at Waimate, and had had it stacked on section No. 19 (the one in dispute). Some time after, getting permission to stack the timber there he saw Mrs Harper, and she asked him to lease the land, and showed him a paper, the purport of which was that Cabot had sold the section to Saunders, the witness to the sale being Sam Williams. About ten minutes after the conversation, Turnbull saw Cabot about it, and Cabot told him that he had never sold the land that Saunders was drowned before the sale was completed, and that the half-caste Mrs Saunders had no right to it. Cabot also said that the document must have been a forgery, as he had never given such an one. Turnbull rented the land from Mrs Saunders, and no one but her had ever claimed it while he had it. Cabot told Turnbull that he had re-bought it from Saunders.

William Hartland, clerk to Miles and Co., Christchurch, was called and produced an inventory of the sales of sections in Timaru by G. Rhodes, in his (Rhodes') handwriting, in which was shown the sale of section No. 19 to Cabot.

Edwin Henry Lough, Town Clerk, produced the rate-rolls for the years 1865, 1866, 1867 and 1868, which showed that the property in dispute was in Mrs Saunders' name during that time.

R. A. Chisholm, Manager of the Bank of New Zealand, Timaru Cabot had an account with the Bank in 1868. The cheque (produced) for £75 is from Cabot in favor of Mrs Harper, and was debited to Cabot's account (Bank book produced).

Mr Harper, by consent, put in an application by Cabot to bring the land under the Land Transfer Act also the certificate of marriage of James Saunders and Elizabeth Wixon, dated January 16th, 1860; a copy of the same certified to by the Registrar of the District and the certificate of the birth of the second son. The birth of the first son, of Harper said, had never been registered. This was the plaintiffs case.  

RG Marriage 1860 Elizabeth Nixon (sic) married James Saunders
RG Birth 1862 Saunders NR Parents Elizabeth and James. Child not named yet.

Mr Joynt, in opening the case for the defence submitted that a nonsuit ought to be given on two grounds. Firstly that the will should have been proved, and, secondly, that he action ought to have been brought by the administratrix or whoever proved the will. Before this was argued Mr Harper, by conent, called Archibald Ballantyne, Inspector of Works it Waikouaiti, who said he had not seen Alex. Mitchell or Denis Garvey, the witnesses to the will, for the last twenty years. Mr Joynt, continuing his argument, said there was no written evidence to justify this action being taken. He would ask leave hereafter to move a nonsuit on the two points mentioned by him. Addressing the jury, Mr Joynt said it would naturally have occurred to them that evidence of conversations which took place between 20 and 25 years ago and now recounted by the witnesses ought to be taken with considerable reserve. He then called Thomas Cabot, who said I was living in Timaru in 1859. I bought a section from Rhodes, and paid him for it. I never saw Jimmy the Needle to my recollection, nor had I any transactions with him. One night a when in bed I was awoke about 10 o'clock by Sam Williams. He said he wanted to buy a the section I had bought adjoining his section, but I said I did not wish to sell it. I recollect writing a receipt for the purchase money. I was told that there were several drunken men on the floor,  and in the morning was told that Jimmy the Needle was one, but I did not see him. There was nothing more done about the land while I was in Timaru. In July 1865 I came back to Timaru. I have a faint recollection of Turnbull coming to me about the section. I believe he asked me if I had given a conveyance of the land. He told me he had seen a conveyance. I said if he had, it was a forgery and I then asked him who showed I it to him. He said a woman I believe Mrs Saunders. Mrs Saunders came to my house about two years after I had seen Turnbull. She said she wanted to know something about the land her husband had bought from me. I don't recollect her bringing a letter from Captain Scott. She allowed me a paper, I which I said was my handwriting. She I asked me if I would buy the land, and asked me what price I would give for it. After I had spoken to my wife about it, Mrs Harper said she would take £75. I told her I had not the money in the house, and that I would have to go to the bank. I met Watson and Mrs Harper at the Commercial Hotel afterwards, and gave a cheque to Mrs Harper, but do not recollect getting a receipt. Watson said as the transaction was finished the other paper was of no use, and then threw it into the fire. Witness produced his diary or journal, showing that in September, 1865, he had paid £75 to Mrs Harper, widow of Jas. Saunders. I have known James Shepherd about 25 years, but I don't know whether his name was on the receipt. I do not recollect receiving any money, especially gold, as it was not common at those times. Scarf was a man I hardly ever spoke to he was cook at the hotel. I went to Oamaru in 1860, and on the way down slept at Wilson's crossing. Sam Williams did not accompany me. I did not call at Saunders' when on my way down. I saw Fitch in 1859, but never since. I was in Christchurch when Turnbull first took possession of the land. I believe Turnbull told me he had seen a conveyance of the land. I told him if he did it was a forgery. I was of opinion when I bought the land from Mrs Saunders that she had a right to sell it as she showed me the receipt I had given when Saunders paid me the money.

Mrs Louisa Cabot said I remember in 3 September 1868 hearing a conversation between some people and my husband, and also saw them. The woman said she had come to see about a section my husband had sold to her husband. My husband said "Go to a lawyer and get the deeds prepared, and I will sign them." She said, I have been to a lawyer, and want to sell you the land." My husband then asked her how much she wanted for it. She answered £80. My husband said he could not give £80; he had not got it. After some convenation, she agreed to take £75. They then went away, and my husband went into Timaru. That is all I know about the matter. I did not see the half-caste woman give my husband any deeds, nor did I see my husband got out any deeds. The bedroom was divided from the rest of the house by a curtain. I got up and looked through the holes in it to see the people. I did not hear anything said about Mrs Saunders' marriage or her children. This was the defendant's case. Mr Joynt addressing the jury said it was for them to decide whether Cabot had obtained by fraud Saunders' right to the land. They could not place much reliance on the evidence of witnesses who related conversations which took place 20 years or so ago. He said if the land had not increased m value or if it was not worth a £5 note, they would probably never have heard anything about the present case. Mr Joynt then, at some length dealt with the evidence which had been adduced, His Honor said as they could not possibly I finish the case that night he would adjourn it till next morning. The Court was then (6 p.m.) adjourned till 10.30 o'clock this morning.

Timaru Herald, 18 June 1885, Page 3
After some argument, and as the Foreman and Jury seemed to wish it, His Honor to adjourned the Court for half an hour to allow Mr Harper time to draw up issues to be submitted to the Jury. The Court accordingly adjourned at five minutes to one, and resumed at half -past one, when issues were handed to the Jury and answered, as follows
(1) Is the defendant though registered proprietor, under though Land Transfer Act, 1870, and the amendments thereof, of the land in a the first paragraph of the statement of claim mentioned? Yes.
(2) Was the defendant, Cabot, the owner in fee of the said land in the month of December, a 1859? Yes.
(3) Did one James Saunders in or about the month of December, 1859, purchase the said land from the defendant. Yes
(4) Was a conveyance of the said land, or an agreement to convey the same, duly signed by the defendant, and the purchase money paid by James Saunders to the defendant There was an agreement to convey signed by Thomas Cabot, and a sum of money was paid to him.
(5) Did James Saunders marry one Elizabeth Wixon on the 16th January, 1860? Yes
(6) Are the plaintiffs, Henry Saunders and James Saunders, the only children of the said a marriage? Yes.
(7) Did James Saunders, the father, die on the 29th December, 1862, having previously made his will as set out in the statement of claim? Yes.
(8) Has the said will over been proved, and can the witnesses Alexander Mitchell and Denis Garvey be now found. The will has never been proved, and the witnesses Alexander Mitchell and Denis Garvey cannot be found.
(9) After the death of the said James Saunders, did his widow let the said land to one Richard Turnbull Yes.
(10) Afterwards did Elizabeth Saunders' quest the defendant to give to her, as the widow of the said James Saunders, title deeds of the said land, and did the defendant dispute the right of the said Elizabeth Saunders to such deeds or to the property Yes.
(11) Did the defendant pay Elizabeth Saunders on condition that she ceased to make any claim to the property No evidence as to condition.
(12) Did the said Elizabeth Saunders deliver to the defendant the conveyance or agreement in the third paragraph of the statement of claim mentioned Yes.
(13) Did the defendant, on receiving the said conveyance or agreement, burn it. Yes.
(14) Did the defendant, when he agreed to buy back the said land from the said Elizabeth Saunders, have knowledge of the existence of the agreement entered into between themselves and the said James Saunders?— Yes.
(15) Did the defendant, without exercising reasonable care as to the existence of the plaintiff's or either of their rights, agree to buy back the said land from the said Elizabeth Saunders? Yes.
(16) Did the defendant, after the alleged sale of the said land to the said James Saunders in good faith, repurchase the same from Elizabeth Saunders mentioned in the statement of claim, believing that she was seized of the said land for an equitable estate of inheritance in for simple and had full power to sell the same
(17) Did the defendant thereupon pay to the said Elizabeth Saunders the sum of =£75 as the purchase money of the said land. Yes.
(18) Did the defendant on repurchasing the said land as aforesaid enter into possession there of and erect buildings and improvements thereon, and thenceforward continue m possession thereof he entered into possession, but there is no evidence to prove that ;he defendant erected any buildings or improvements thereon, and he has continued m possession.
(19) Did the defendant subsequently, that is to say on or about the 15th day of November, 1875, in good faith, apply for and obtained a certificate of the title to the said land under the Land Transfer Act 1870, and is he now the registered proprietor thereof tinder the said certificate for an estate of inheritance of fee simple, subject to a lease of part of the said land granted by the defendant to one Chas. Bowker in June, 1878?— The application or title under the Act was not made in good faith, but defendant is new the registered proprietor.
(20) Has the said Chas. Bowker entered on the said land under the said lease, and erected buildings thereon to the value of £1000 or thereabouts Yes.
His Honor said judgment on the above issues could be moved for in sittings at Christchurch. Mr Joynt then said he would move for a nonsuit at the next sittings in Banco in Christchurch.

Judgement Oct. 1885.

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