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Colonial Cases

Clark v. Elphinstone, 1880

[land law]

Clark v. Elphinstone

Judicial Committee of the Privy Council
November 1880
Source: The Times, 25 November, 1880

JUDICIAL COMMITTEE OF THE PRIVY COUNCIL.
(Present - Sir James Colville, Sir Barnes Peacock, Sir Montague Smith, and Sir Robert Collier.)
CLARK v. ELPHINSTONE AND ANOTHER
  This was an appeal from a decision of the Supreme Court of the Island of Ceylon pronounced by Chief Justice Phear and Justices Clarence and Dias on the 7th of June, 1877, setting aside a decree of the District Court of Kandy.
  Mr. Meadows White, Q.C., and Mr. Jeune were counsel for the appellant; Mr. Charles, Q.C., Mr. Lumley Smith, Q.C., and Mr. F. G. Templer for the respondents.
  The question at issue was as to the ownership of 54 acres of forest land admittedly forming part of one or other of two conterminous estates belonging to the appellants and the respondent respectively.
  The arguments of counsel were unfinished when their Lordships rose for the day, and will be resumed this (Thursday) morning.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School