Mr Austin applied under the code for leave to serve notice of application for inclusion of Mr Britton's name without the three days' notice. Mr Holmes objected. After argument between learned counsel, His Honor refused to grant the leave. The case then proceeded. Mr Austin, with him Mr Bowman, for the plaintiff. Mr Holmes, with him Mr J. B. Fisher, for the defendant. The case was heard before his Honor Mr Justice Johnston in 1887, but his Honor died before giving judgment. The case, therefore, had to be heard de novo, azd now came on for hearing. Margaret McKay and her son, R. M. Stewart, were plaintiffs, and the execu tors of the estate of the late M. H. Oram and the Permanent Investment and Loan Association as mortgagees defendants. This was an action for the recovery of two sections of land in Christchurch, com prising half an acre or thereabouts, situate in Oxford terrace, on which is built the Royal Hotel. A brief sketch of the case will be neces sary to understand it, the pleadings being most voluminous. In the early days of the settlement a land order of the sections was granted to Dr. Merryon, afterwards transferred to Mr R J. S. Harman. On the 17th December, 1856, Dr. Merryon granted a lease of the sections to W. Stewart for twenty years, with a purchasing clause enabling the purchase for £100 within the first seven years. On the 19th March, 1857, Stewart mortgaged his leasehold in terest to one Chapman. On the 18th July, 1857, Stewart made his will, bequeathing all his property to his wife and two sons. The wife of Stewart, with Rev. C. Eraser and Mr D. Innes, of Timaru, were appointed as executrix and executors respectively. On the 25th December, 1857, the testator died, and the will was duly proved. On the sth May, 1858, before probate was obtained, the trustees paid off the mortgage to Chapman, and took a re-conveyance. On June 19th, 1861, Mrs Stewart made a mar riage settlement of her annuity under the will", and on the 20th June, 1861, she married D. M. McKay. The £100 purchase money to Dr. Merryon was paid on the 29th December, 1862. Mr Harman, the holder of the land order, assigned it in blank, which blank was probably filled up in 1872 in the name of the Rev C. Fraser. 