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IERASURE IN THE DEED

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ERASURE IN THE DEED REMARKABLE SOUTH WALES LAW-SUIT. In the Chancery Division on Saturday the hearing was resumed (before Mr. Justice Warrington) of the action by Mr. Edward Lange, of Swansea, against William Burchell Rees, against whom pxaintiff alleges that after the execu- tion of an agreement for the lease of the ocral under Ynysdawela Farm, Llan- dilo Fawr, Carmarthen, the defendant erased a clause giving the lessee the right to a deduction of 10 per cent. on royalties, after payment of deed rent on ooal raised, whether used-or not. The defendant declares that ho refused to allow the clause, and that the alteration was made by Mr. Powell, plain- tiff's solicitor, before the execution of the document. Mr. Rowden, K.C., and Mr. Hart appeared for the plaintiff, a.nd Mr. Hawtin for the defendant. Mr. Clowes, the solicitor in London for the debenture-holders, said that the complete agreement was transferred to the Lange Anthracite Company in 1901. His firm had it in their possession for some time previously. The only alteration he made in. the document was to fill in the date in October at the time ho sent it away, and he put a pencil mark round the alteration to show he had done so. The debenture-holders bad now sold the property for lees than the amount of the debentures. Evan Williams, farmer, said he remem- bered discussing the agreement in August, 1931. Witness eaw Mr. Gully about letting his own land. There was to be a sale of the Lange Colliery. Witness saw Mr. Lange before the saTe on witness's ground, and Lange asked whether he oould have his land on the same terms as he bad from Rees, and he said if witness would oome to Rees's house ibe could see the agreement in the evening. After the sale witness went to Rees's house. where he found Mr. Lange, Mr. Eees, and two or three members of the Rees family, but Charles Henry Swash was not there. Witness, in further reply, said that Lange went into the kitchen and brought the document to witness. The Judre: Lange did?—Yes. Have you seen him since?—Yes, this morn- ing; but I have not had any conversation with him. When had you last a conversation with him?—The day before yesterday. Mr. Rowden severely cross-examined the witness as to what took place at Rees's house when he went to see the agreement. Witness contradicted himself- on several points, saying first that Lange fetched the document from the kitchen, then he said that Rees fetched it and gave it to Lange, and Lange handed it to him. He denied having talked over the case with Rees, but admitted that they came to London by the same train, and that he and the rest of Roos's party were all lodging in the same house in London, and that they bad some of their meals together. They had supper together the previous night, but did not talk the case over. The Judge (smiling): What? You supped together and did not talk about the case?— Well, only a little The hearing was adjourned until Monday, when Florence Margaret Rees, daughter of the defendant, eighteen years of age, said that in regard to the agreement she made a copy of it in 1901, when she was thirteen years of age, and at that time the words "of 10 per cent, were struck out, as they now were. In cross-examination by Mr. Bowden, K.C., witness said she had lived with her father all her life. She did not make an affidavit on the motion in this case. She remembered her father making an affidavit on the 27th of April of this year. She did not know that she helped to prepare it. She wrote it out for him. Reminded that it did not mention that witness had made a copy of the agree- ment, witness did not know why defendant omitted that. Counsel asked her about her law library, but witness said she had not a library. She had some law books—more than forty, but short of a hundred. Asked why the affidavit referred to said nothing about the copy she made of the agreement or of the meeting in August, 1901, at defendant's house, witness said she did not think that was needed or sufficiently important. Witness denied that she had any conversation with her father about what passed at the August meeting, but sometimes the matter had been recalled that Mr. Lange on that occasion had the agreement in his hands. Witness admitted that a number of papers (produced) were in her handwriting. She had prepared a mort- gage from her brother to her father. In giving judgment Mr. Justice Warrington came to the conclusion that the plaintiff was right in regard to the agreement, and that the agreement contained the words "of 10 per cent." at the time it was signed. The words had been erased after execution, I therefore the clause must now stand, an allowance of 10 per cent, to be made for engine or other coal. As regarded, the alleged interview in August, 1901. his lord- ship said that the evipence for the defence was not reliable, and that the interview did not take place as stated.

[No title]

ASSAULT BY A BLIND MAN

STARTLING INCIDENT.

ROUTE TO IRELANDI

MISSING SINCE 1886.I

AN UNPLEASANT REMINDER

MRS. WINSLOWS SOOTHING SYRUP.

IMEW'S CHANNEL SWIM.

IST. DAVID'S DIOCESE.

CRUMLIN LEVEL CROSSING.

WATCHING A THEFT,

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