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(the purchasers from the original claimants) this land which was subsequently held by the Land Court to be the property of the original claimants, the price being $80,000. It was on 4th November, 1901, that the Land Court gave judgment for claimants. On 30th December 1901 Ex. Deacon by the claimants' instructions wrote to the Registrar of the Land Court for a certificate of title, as his clients desired to deal with the land. Later he wrote twice to the Colonial Secretary making the same request.
Can you tell me, as a matter of fact, did the purchasers pay this money?
The Chief Justice - Yes.
Mr. Slade - Yes.
The Puisne Judge - but the price was not to be paid till you got your title.
Mr. Slade went on to state that on 4th February, Mr. Deacon received a letter from the Colonial Secretary informing him that it was not considered expedient to issue a formal certificate of title pending the settlement of the exact amount of taxes payable upon the land, but that it was hoped that this would be settled at no distant date. On the strength of that letter, Deacon advised the parties that it constituted a sufficient recognition of title and that they would be safe in treating it as such, the result being that the **A&G F who lent money to the present applicants, who purchased from the original claimants. On the 19th November Mr. Bowley filed an affidavit stating that prior to 17th November he had not received any notice that the applicants had any interest in these claims. He (Mr. Slade) said his clients had good reason to believe that the Crown knew of the assignments. The applicants had the valid right to the title and interest of the claimants to this property, and by Section 10 Ordinance No. 16 of 1900, it was clear that from the time the claimants made their claim the applicants were ...
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