Object #1001598 from MS-Papers-0032-0485

3 pages written 28 Feb 1871 by John Davies Ormond in Napier City to Sir Donald McLean

From: Inward letters - J D Ormond, Reference Number MS-Papers-0032-0485 (75 digitised items). 72 letters written from Auckland and Napier, 1871-1872

A transcription/translation of this document (by ATL) appears below.

Download alow-resolution PDF or high-resolution PDF

Page 1 of 3. View high-resolution image

English (ATL)

Napier,

Feb. 28th, 1871.



My dear McLean,

This letter is about that confounded Mangateretere. Since I wrote you last I have had several communications with Hart and I think I have gathered his opinion of the position of the case.

He has little doubt of your liability for the rent under that precious Deed of Mortgage which Cuff prepared. He wants you to re-assign that mortgage but he tells me that will not free you from any liability incurred prior to the execution of the re-assignment. That is to say Hart views you liable

Page 2 of 3. View high-resolution image

English (ATL)

for the rent to date - a heavy sum as you know - but wishes you to end your liability at once by re-assigning the mortgage without delay - I think you had better re-assign for the mortgage is not worth anything - the lease being on such bad terms. You wd. then hold Tareha's share and the chance of completing Karamias and when the property is purchased by Sutton or some one else they will have to give you what you choose to ask for Tareha's share - That is the only way I see you have a chance of re-imbursing yourself for the large sum you will have to pay on account of the wretched business - Hart has sent to me for several documents from the Registrar's office all of which I have sent him - but what I have written is the gist of Hart's opinion - and my own notion of the position of the case -

I cannot tell you when the case can come on but I have ascertained that the case against yr. brother Alexander cannot be heard before 9th May when the Supreme Court sittings Napier come on - Carlyon told me one month at first but he is seldom to be depended on - The case against you I take it will also be heard here and if so that cannot come on till the same time so that it allows heaps of time for reference. I have asked Hart to advise you the date on which the case against you comes on and where - That tells you all I am able

Page 3 of 3. View high-resolution image

English (ATL)

to about this wretched business - By the way Kinross asked me about allowing a mortgage of Torotoro's to be paid off - There is no option about it - the time is up and Wilson acting for Torotoro tenders the money - I told Kinross to take it -


I will write separately about other things - Yours always
J. D. Ormond.

March 1.

Since writing above I have seen Sutton and had long talk with him - He says case against you will be heard in Chambers at Wellington this month, and then be put off until the Supreme Court sits here in Hay, when it will be fully gone into - Sutton tells me Karaitiana offered to compound with him - the terms being K. to take all the Bush and 300 acres of the dry land out of the Block you are mixed up in - of course Sutton refused. J. D. O.

English (ATL)

Napier,

Feb. 28th, 1871.



My dear McLean,

This letter is about that confounded Mangateretere. Since I wrote you last I have had several communications with Hart and I think I have gathered his opinion of the position of the case.

He has little doubt of your liability for the rent under that precious Deed of Mortgage which Cuff prepared. He wants you to re-assign that mortgage but he tells me that will not free you from any liability incurred prior to the execution of the re-assignment. That is to say Hart views you liable for the rent to date - a heavy sum as you know - but wishes you to end your liability at once by re-assigning the mortgage without delay - I think you had better re-assign for the mortgage is not worth anything - the lease being on such bad terms. You wd. then hold Tareha's share and the chance of completing Karamias and when the property is purchased by Sutton or some one else they will have to give you what you choose to ask for Tareha's share - That is the only way I see you have a chance of re-imbursing yourself for the large sum you will have to pay on account of the wretched business - Hart has sent to me for several documents from the Registrar's office all of which I have sent him - but what I have written is the gist of Hart's opinion - and my own notion of the position of the case -

I cannot tell you when the case can come on but I have ascertained that the case against yr. brother Alexander cannot be heard before 9th May when the Supreme Court sittings Napier come on - Carlyon told me one month at first but he is seldom to be depended on - The case against you I take it will also be heard here and if so that cannot come on till the same time so that it allows heaps of time for reference. I have asked Hart to advise you the date on which the case against you comes on and where - That tells you all I am able to about this wretched business - By the way Kinross asked me about allowing a mortgage of Torotoro's to be paid off - There is no option about it - the time is up and Wilson acting for Torotoro tenders the money - I told Kinross to take it -


I will write separately about other things - Yours always
J. D. Ormond.

March 1.

Since writing above I have seen Sutton and had long talk with him - He says case against you will be heard in Chambers at Wellington this month, and then be put off until the Supreme Court sits here in Hay, when it will be fully gone into - Sutton tells me Karaitiana offered to compound with him - the terms being K. to take all the Bush and 300 acres of the dry land out of the Block you are mixed up in - of course Sutton refused. J. D. O.

Part of:
Inward letters - J D Ormond, Reference Number MS-Papers-0032-0485 (75 digitised items)
Series 1 Inward letters (English), Reference Number Series 1 Inward letters (English) (14501 digitised items)
McLean Papers, Reference Number MS-Group-1551 (30238 digitised items)

Usage: You can search, browse, print and download items from this website for research and personal study. You are welcome to reproduce the above image(s) on your blog or another website, but please maintain the integrity of the image (i.e. don't crop, recolour or overprint it), reproduce the image's caption information and link back to here (http://mp.natlib.govt.nz/detail/?id=1001598). If you would like to use the above image(s) in a different way (e.g. in a print publication), or use the transcription or translation, permission must be obtained. More information about copyright and usage can be found on the Copyright and Usage page of the NLNZ web site.

External Links:
View Full Descriptive Record in TAPUHI

Leave a comment

This function is coming soon.

Latest comments