High Court Wellington
26 February; 3 March 1930
Ostler J
26 February; 3 March 1930
Ostler J
Land Transfer Acts — Memorandum of Transfer — Discrepancy in Transfer between Acreage and Plan on one Hand and Section Number and Reference to Certificate of Title on other — New Titles issued complying with Acreage and Plan — Action for Cancellation of Title to Land not complying with Section Number and Reference to Original Certificate of Title — Intention of Transferors — Extrinsic Evidence of Circumstances surrounding Execution of Transfer admitted to show Intention — No fixed Rule that either Plan or Description to prevail — Description held dominant — Transferees constructive Trustees for Transferors — Title not indefeasible — Transferors granted Declaration cancelling Registration of Transfer as to Land not complying with Description.
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