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Note: NF787
Note: «b»ELLENDALE DISPUTE.
OWERSHIP OF A PROPERTY.
BROTHER AND SISTERIN COURT.«/b»
The Hamilton Police Court was filled with residents of the little township of Ellendale when George Heron, jnr., proceeded against his sister, Alicia Mary Conlan, and her husband, James Conlan, for refusing to deliver up possession of a cottage. Plaintiff was represented by Mr. W. J. T. Stops (Clerk, Walker and Stops) and the defendants conducted their own case. Great interest was taken in the proceedings by those present, and some amusement was caused by the defendant James Conlan becoming repeatedly involved in heated altercations with the witnesses, including his own.
Mr. Stops said that Conlan originally entered into an agreement with Mr. J. Tomlin to purchase the property in dispute, which included a hop ground. This agreement he did not keep, and the property was put up for sale, and purchased by the plaintiff in order to keep a roof over his sister's head.
The title of the property, in the name of the plaintiff, was put in.
George Heron, jun., the plaintiff, said that. after he bought the property he offered to let it to the defendants at, £30 per annum, but they did not accept the offer. He then let the house to them at 1s. per week, and he produced receipts to show that this rent was paid. The defendants now stated that they owned the property, and refused to give up possession.
The witness was subjected to a rambling cross-examination by the defendant, James Conlan, and Eliza Clark and William Wallace then gave evidence to prove that there was a tenancy.
The defendants, giving evidence on their own behalf, persisted in the statement that they had purchased the prperty, and seemed to fail to realise that they had paid rent although they acknowledged their signatures to the receipts.
J. Tomlin was called by the defendants. He said that Heron bought the property and the defendants became his tenants.
Clara Stanfield, postmistress at Ellendale, also called by the defendants, said that she had taken many telephone messages on their behalf, but did not remember anything about the sale of the property.
The Bench ordered the defendants to give up possession by November 22 and to pay 8s. back rent, £1. 8s. costs, and £3. 3s. counsel's fee.
George Heron, jun., then proceeded against James Conlan for having threatened him, and asked that he should be bound over to keep the peace. After hearing tho evidence of Leonard Clark and Alicia Mary Conlan the Bench dismissed the case, say- ing that it was an unfortunate family quarrel in which both parties were
blameable.
«i»- Mercury, 11 Nov 1921«/i»
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