Shanghai, 2nd October.
Before F. 8. A. Bourne, Esq., Assistant Judge.
Yvax Lay-cmine and Za Luxe-wax v. Sir 0. J, Duporox and F. AxpERsoy.
This was a claim for an order that th defendants, as executors of Rhoderick McNeill Angus Campbell, deceased, do forthwith transfer in the books kept for the registration of land at H.B.M.'s Consulate-General in Shanghai into the name of Andrew Wright Maitland or such other person as the plaintiffs may in writing direct all that piece and parcel of land now registered in the said books in the name of the said R. M. A. Campbell as lot No. 1073, the title deed Mr. Wilson appeared for plaintiffs Mr. D, McNeill represented defendants.
The plaintiffs' petition stated that they constituted the supreme managing Committee of the Native Bankers Guild of Northern Shanghai, and sued on behalf of this guild. In 1882 Cheng Sun-chao, representing; said guild, purchased from Edulj Pallonji Laleaca a piece of land situate at the corner of North Honan and Boone Ronds, measuring in area 9m. Gf. 4. Th., which land was registered in the books of H.B.Ms Consulate as Lot 1073. title deed No. 1066. At the time of sale E. P. Laleaca was sole owner of the land. E. P. Laleaca continued owner of said Jand, but by writing under his hand declared that he held same in trust for the said guild. Said writing could not be found. On the 19th June 1893 the Jand was transferred in the books from the name of E. P. Lalcaca into the name of R. M.A. Campbell and the latter, by writing under his hand, also declared that he held the land in trust for said guild. Said writing could not be found. On the 17sh of June 1903 R, M, A. Campbell died without having transferred said land or having appointed another trustee, but having appointed defendants executors. His will was duly proved on the 17th of July 1903. The Guild were entitled absolutely to the beneficial interest of the said lot and the plaintiffs on behalf of said Guild had requested defendants to transfer said lot in the manner requested ju the claim, but they refused to do so.
Mr. Wilson seid he could prove that up to 1893 this land was held in trast by Mr. Laleaca. After that date it was a matter of inference from the Guild's undisputed possession, ote.
is Lordship asked if plaintiffs could not prove that there was a declaration of trust by Mr. R. M. A. Campbell.
Mr. Wilson replied that the declaration of trast was kept in one bank and then in another. The bank in which it was last kept apparently went into liquidation, and then, after all business was finished, the papers were destroyed and apparently, among them, the declaration.
His Lordship said that if plaintiff were not prepared to show that there was a declaration of trust he did not see how they could process:
Mr. Wilson said that he would produce certain evidence to show that when the Jand was transferred into Mr. Campboll's name a document was signed and that the Chinese translation was said to be a doed of trust, Mr. MoNeill said that the executors found this land in Mr, Campboll's name. They had never considered it to be his land, but they could not say that they knew it was not, therefore they could not transfer it without an order from the Court. Mr. Wilson was in " strong position up to a certain point. The plaintiffs had been in possession the whole time and the executors of Mr. Campbell never consi to be part of his property.
Mr. Wilson said he now proposed to call Mr. EP Lalenca.
Mr. MeNeill mentioned that Mr. Lalonca had first come to see him and that he hud sent him along to his friend.
E. P. Laleaca, sworn, said he was the original owner of B. 0. Lot 1073. He sold it to Cheny San-chao, " banker, for the Native Bunkers' Guild.' After the sale he remained the registered owner of the land, He gave a receipt for the money, and the deed r mained in his hands asa trust, He could not clearly remember whether he declaration of trust or not. Afer Temaining the registered owner for eleven years the land was transferred into the name of Mr, R. M. A. Campbell. Ib was transferred because witness wished to go home Mr. Onmpbell was then manager of the Agra Bank, and was a well-known and prominent banker.
Cross-examined—Witness held some other land in the same way for Chinese, He could not remember giving a declara-ion of trust in any case Ching Fa-pso, cautioned, said that he was compradore ut the Agra Bank when Mr. Campbell was manager. bell handed him a deed of tr the land was transferred into his name. It was a paper in English, signed by Mr. Campbell, and as witness could not read it he told his shraf' to make a translation. A translation into Chinese was made on the back. Witness: read it it suid that the property referred to belonged to the Native Bankers' Guild-Witness recognized Mr. Campbell's signa,
Text read from the printed page and cleaned; old type leaves the occasional error.