Man of Convictions Isbn : 978-0-473-40314-0 (Pdf)

Total Page:16

File Type:pdf, Size:1020Kb

Man of Convictions Isbn : 978-0-473-40314-0 (Pdf) MAN OF CONVICTIONS ISBN : 978-0-473-40314-0 (PDF) by ANNE HUNT MAN OF CONVICTIONS Taueki – a man, his tribe and their lake. www.annehunt.co.nz Man of Convictions : First published : 2017 Published by Potangotango Foundation. PO Box 664, Levin 5540 ISBN : 978-0-473-40314-0 (PDF) ISBN : 978-0-473-40315-7 (iBook) ISBN : 978-0-473-40313-3 (Epub) ii Anne Hunt has written and published the following books : The Foxton Murder A murder conviction and acquittal on retrial The Lost Years New Zealand’s largest institution for the intellectually-handicapped Broken Silence Sexual abuse case appealed to the Privy Council Copyright©Anne Hunt 2017 Readers are welcome to download & print the book and material for personal use only. All rights reserved, including publishing, printing, library, documentary, film, theatrical production, digital and broadcasting rights. This publication in its entirety or in part may not be reproduced, stored in any retrieval system or transmitted, for or by any means, electronic, mechanical, photocopying, recording or otherwise for commercial or finan- cial gain without the prior permission of the author in writing. www.annehunt.co.nz for full disclosure of the copyright©Anne Hunt 2017. iii disclaimer “What may be written about is both innocence and guilt, or for that matter the ‘unproven’ cases in our courts. This may well be uncomfortable for one party or another, but it is part of the process of open justice and even wider considerations of freedom of expression.” Justice Sir Grant Hammond ; Anne Hunt v A CA 114/06 (2007) NZCA 332. Much of the material for this book is sourced from court judgements, transcripts, affida- vits and legal submissions that Philip Dean Taueki has lawfully made available to the author. Important : The name of Philip Taueki’s legal aid lawyer is not divulged in this book. Video footage, photographs and audio tapes recording numerous incidents have been retained to establish the veracity of various incidents described in this book. Reasonable steps have been taken to establish the accuracy of the spelling of names, the location of heritage sites and all other information contained in this book. Considerable attention has been taken to establish the authenticity of the pre-Treaty ac- count but this will always remain the stuff of legends and has been treated as such. The author makes no apology for writing this book from the perspective of the Taueki family. Phil Taueki bears no grudge against those who fought valiantly for causes they thought to be just, including the warriors of Ngati Toa. Major Kemp also tried to redeem himself prior to his death in 1878. Photographs in the evidential section of the website are the best reproductions possi- ble, given that some are taken from CCTV footage and others are based on photocop- ied material. Finally, the author asks readers to accept the spirit in which this book was written. Any- body who takes umbrage should place themselves in the shoes of Taueki, and realise that this is a story that deserves to be told. If there are to be further battles in the court- room, the author has taken the precaution of relying on legal privilege by reproducing copious extracts from court judgements, transcripts and evidence produced in court. iv acknowledgements Thanks to Phil Taueki for making available his court documents for publication, and being the catalyst for this book. Thanks to Bryan Ten Have for videotaping many of the incidents mentioned in this book, and being such a loyal friend. Thanks to Karl du Fresne of the NZ Listener, Alistair Thompson from Scoop and other media for their coverage. Thanks to the Judges who grasped the issues Phil Taueki raised and also helpful court registrars. Thanks to the lawyers who have represented Phil Taueki : Dr Gerard McCoy QC, Steven Price, Leo Watson, Michael Bott, Steve Winter, Elizabeth Hall, Tony Sinclair, Martin Taylor and Tom Bennion. Thanks to Police Superintendent Wallace Haumaha, Sergeant Wayne Panapa, Inspector Frank Grant and other police officers who took the time to listen. Thanks to the Kaitiaki Wars crew : Martin Cleave, Mark Ihaia, Joe Whitehead and Jason Wetizel for their compelling visual portrayal of Phil Taueki’s battles. Thanks to Bill Chisholm, Dr Russel Norman, Dr Mike Joy, Dr Max Gibbs, Mike Smith, Malcolm Hadlum, Nicki Atkinson and Susan Harvey for their environmental advocacy. Also to Greg Kroef from Heron Construction for offering his technical expertise on sediment removal. Thanks to Professor Emeritus Whatarangi Winiata for instigating and leading the joint Muaupoko/ Pareraukawa working party on lake restoration. Thanks to the politicians who acknowledged our concerns ; especially Catherine Delahunty, Pita Paraone, Annette King and the Minister for Maori Development, The Honourable Te Ururoa Flavell. Thanks to Grace Haden for her meticulous private investigation. Thanks to Dr Terry Hearn, Dr Paul Hamer, Jane Luiton and Lou Chase for their comprehensive research commissioned by the Waitangi Tribunal. Thanks to Major Kemp for mapping the Horowhenua Block subdivisions, and GL Adkins for pinpointing sites around Lake Horowhenua. Thanks to Wikipedia, the Ministry of Justice, Te Aro and others for background information on people of interest. Thanks to the National Library for granting permission to reproduce Mr Hoyte’s landscape. And finally thanks to those who helped with the production of this book and web-site. v dedication To Taueki and other brave Mua-Upoko ancestors who stood their ground and fought; thereby preserving their ‘mana whenua’, customary rights for generations to come... vi chapter time line MAN OF CONVICTIONS by ANNE HUNT Introduction Publisher’s notes Acknowledgements Dedication The first words CH 1 Weapons of law notes - historical times to 2007 CH 2 Drawing a line in the sand notes - August 2008 - August 2009 CH 3 Objecting ‘vociferously‘ notes - June - October 2011 CH 4 Miscarriage of justice notes - October 2011 – September 2012 CH 5 Threats to kill notes - September - October 2012 CH 6 Crossing the boundary notes - March 2012 - July 2013 CH 7 The meaningless title notes - March - December 2013 CH 8 Police protocol notes - March - July 2014 CH 9 Weeds in the water notes - February 2012 - January 2014 CH 10 Identity theft on a tribal scale notes - February 2014 - December 2015 CH 11 Hunt for an activist notes - March - August 2014 CH 12 Behind bars notes - April - August 2014 vii chapter time line TAUEKI - a man his tribe and their lake. CH 13 The bull charges notes - October - December 2014 CH 14 The battle of Hastings notes - February - May 2015 CH 15 A perfect oxymoron notes - July 2015 CH 16 Changing of the locks notes - August - October 2015 CH 17 Trespassed from his own place notes - November 2015 - February 2016 CH 18 A large mistake notes - January 2016 CH 19 Tainted investigation notes - January - August 2016 CH 20 Paying the price notes - August 2016 - April 2017 CH 21 Fatally flawed notes - May - June 2016 CH 22 If push comes to shove notes - August 2016 - May 2017 CH 23 Hijacking criminal proceedings notes - January - March 2017 CH 24 Sitting on a log notes - January - May 2017 ......... The final words comments Anne Hunt, quote by Phil Taueki viii first words Quote from Magna Carta : ‘No free man shall be seized or imprisoned or stripped of his rights or possessions or outlawed or exiled or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land.’ In the grounds of Parliament stands the statue of a thief. Across the road, the Sheriff prepares a warrant for the arrest of a man caught sitting on a log on his own ancestral lands, feeding the chooks. The date of this warrant for his arrest was Friday, the seventeenth day of March, in the year 2017. And it was signed in the name of the Sheriff, a fine fellow by the name of John Earles. On the meadows of Runnymede alongside the River Thames, that auspicious Monday the fifteenth day of June in the year 1215, another John affixed his Great Seal to a charter. And in this great charter known as Magna Carta, was written in medieval script: No freeman shall be taken or imprisoned or be disseised of his freehold. Half a world away from this field of Runnymede, these words merit repetition in court. No person is safe when the Crown wields the power to strip citizens of their lands, their rights or their liberty. This book is an account of a man of convictions. It is a timely reminder that the enemy of democracy is, as always, complacency. ix Ch1 weapons of law “The best plan would be to set aside a reserve and explain to the Maoris afterwards that their ancestral rights would not be interfered with.” James Cowan In the land of Aotearoa now known as New Zealand, there lived an ariki by the name of Taueki, the renowned paramount chief of a significant iwi known as Mua-Upoko. Their ancestral lands cascaded from the ranges of the Tararuas to the shores of the Tasman sea, and nestled in the midst lay their most-prized taonga, Lake Horowhenua. This lake yielded eels, flounder, freshwater crayfish, mussels and whitebait. Native pigeons flour- ished in the surrounding trees. Marauding tribes who envied their bounty were met with fierce resistance. The people of Mua-Upoko created artificial islands as refuges, where those too frail or too young to fight could shelter while their warriors slept close to an arsenal of weapons. Leading to these islands was a labyrinth of submerged pathways, and thus arose the myth that Mua-Upoko could walk on water.
Recommended publications
  • An Agricultural Law Research Article the Tenancy at Will in Iowa
    University of Arkansas System Division of Agriculture [email protected] | (479) 575-7646 An Agricultural Law Research Article The Tenancy at Will in Iowa Originally published in DRAKE LAW REVIEW 2 DRAKE L. REV. 30 (1952) www.NationalAgLawCenter.org THE TENANCY AT WILL IN IOWA In Iowa a tenancy at will is presumed by statute to arise when a person is in possession of real estate with the assent of the owner. The statute also requires that a thirty-day notice in writing be • given to terminate the tenancy; if the interval between rent pay­ ments is less than thirty days, the notice need not be longer than that intervaLI Most tenancies at will arise either from an informal letting for an indefinite time at an agreed rental or by the tenant's holding­ over after the expiration of a term for years. There are numerous examples in the Iowa reports of hold-over tenants. In an early case a tenant for a term of years held over with the assent of the landlord and continued to pay rent according to the terms of the lease. The common law might have established a tenancy from year to year, but the Iowa statute was held to create a tenancy at will.z Although the landlord is under no obligation to accept the hold-over tenant as a tenant at will,3 if he allows him to remain in "peaceable possession" for thirty days,4 a tenancy at will is probably created, and the statutory notice is thereafter required in order to terminate the tenancy.
    [Show full text]
  • Reasonable Force. How Far Will the Law Let You Go?
    2015 EDITION 15 INSIDE: Aron Salomon v A Salomon Ltd A Stern Result Reasonable Force? PG 1 PG 3 PG 6 The Disestablishment of the Kiwisaver Cluster A Lesson in Capital Maintenance Doctrine Bomb Litigation Risk PG 2 PG 5 PG 8 Reasonable Force. How far will the law let you go? 1 Waterline Edition 15, 2015 0800 CLOSED Aron Salomon v A Salomon Limited (in liquidation) The case of Salomon and Salomon has been passed down like an heirloom, with Aron Salomon A Salomon Limited each generation of law and commerce students understanding its significance less. It is hard, from this perspective of a century and a quarter, to appreciate Aron's wife, the case’s importance. After all, the daughter, decision was prosaic. A company and four was a separate legal entity from its sons shareholders. This is obvious, isn’t it? Aron Salomon So why was the case so important? The 1856 and 1862 Companies Acts The case needs to be seen in context of the slow emergence of shareholder’s limited liability. The Crown or Parliament restricted who could form a company as we might understand it today. Business was instead done through a complex form of partner- ship called a Deed of Settlement Company. The business was sold for £39,000; £29,000 and he isn’t liable for the losses of Being a partnership, any investor faced the in cash and £10,000 was vendor financed the business prospect of being held personally liable for secured by a floating charge over the busi- the entire losses of the enterprise.
    [Show full text]
  • Part 8 Forcible Entry and Detainer
    Utah Code Part 8 Forcible Entry and Detainer 78B-6-801 Definitions. (1) "Commercial tenant" means any tenant who may be a body politic and corporate, partnership, association, or company. (2) "Forcible detainer" means: (a) holding and keeping by force, or by menaces and threats of violence, the possession of any real property, whether acquired peaceably or otherwise; or (b) unlawfully entering real property during the absence of the occupants or at night, and, after demand is made for the surrender of the property, refusing for a period of three days to surrender the property to the former occupant. (3) "Forcible entry" means: (a) entering any real property by: (i) breaking open doors, windows, or other parts of a house; (ii) fraud, intimidation, or stealth; or (iii) any kind of violence or circumstances of terror; or (b) after entering peaceably upon real property, turning out by force, threats, or menacing conduct the party in actual possession. (4) "Occupant of real property" means one who within five days preceding an unlawful entry was in the peaceable and undisturbed possession of the property. (5) "Owner": (a) means the actual owner of the premises; (b) has the same meaning as landlord under common law and the statutes of this state; and (c) includes the owner's designated agent or successor to the estate. (6) (a) "Peaceable possession" means having a legal right to possession. (b) "Peaceable possession" does not include: (i) the occupation of premises by a trespasser; or (ii) continuing to occupy real property after being served with an order of restitution issued by a court of competent jurisdiction .
    [Show full text]
  • Legal Possession: What Does It Mean?
    G THE B IN EN V C R H E S A N 8 8 D 8 B 1 AR SINCE WWW. NYLJ.COM VOLUME 262—NO. 24 FRIDAY, AUGUST 2, 2019 Outside Counsel Legal Possession: What Does It Mean? egal possession” is a term 72 (App. Term 1st Dept. 2010) (a right used by the landlord- to self-help specifically reserved in a tenant bar. We recently commercial lease may be utilized only came upon a settlement where it is effectuated “peaceably”). agreement which required In addition, RPAPL §853 provides: ‘Lthe tenant to deliver “broom-clean By And “If a person is disseized, ejected, or legal possession” to the landlord on Thomas C. Steven put out of real property in a forcible Lambert Shackman or before a date certain. In another or unlawful manner, or, after he has situation, a good guy guaranty lim- law. But either way, it is the physical been put out, is held and kept out by ited liability to obligations which fact, the fact of having or holding the force or by putting him in fear of per- accrue prior to the date the tenant property in one’s power and control, sonal violence or by unlawful means, delivers “legal possession” to the that constitutes possession. he is entitled to recover treble dam- landlord. What exactly is meant by Under New York law a person who ages in an action therefor against the “legal possession?” has been in peaceable possession for wrong-doer.” 30 consecutive days or longer may not In New York City, under §26-521 of Let’s Start With 'Possession' legally be removed by force, even if the NYC Administrative Code, it is a Possession of real property is a mat- that person’s possession was obtained misdemeanor to evict or attempt to ter of physical fact.
    [Show full text]
  • View the Slip Opinion(S)
    IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE VOTIV, INC., a Washington ) No. 78289-4-1 corporation, ) ) Appellant, ) ) v. ) ) BAY VISTA OWNER LLC, a Delaware ) limited liability company; BAY VISTA ) BUILDING ASSOCIATION, a nonprofit ) association; BAY VISTA BUILDING, a ) Washington nonprofit corporation; BAY ) VISTA RESIDENTIAL TOWER ) ASSOCIATION, a Washington ) corporation, THE CWD GROUP, ) INCORPORATED, a Washington ) UNPUBLISHED OPINION corporation; and TATLEY-GRUND, ) INC., a Washington corporation, ) FILED: September 16, 2019 ) Respondents. ) ) VERELLEN, J. —A commercial landlord must fulfill its contractual duties of repair and maintenance in a reasonable manner. When a landlord fulfills its duties unreasonably and interferes with its tenant's use and enjoyment of its leasehold, then it can be liable for the tort of nuisance. If that unreasonable conduct also substantially deprives the tenant of the peaceable use and enjoyment of its leasehold, the landlord can be liable for breaching the covenant of quiet enjoyment as well. Votiv, Inc.'s, lease does not prevent it from suing landlord Bay Vista No. 78289-4-1/2 Owner LLC (BV0)for nuisance or breach of the covenant of quiet enjoyment. Votiv presented sufficient evidence to defeat summary judgment on its nuisance and covenant of quiet enjoyment claims against BV0. But Votiv's claim of constructive eviction does not survive summary judgment because Votiv never abandoned its leasehold. Neither party is entitled to contractual attorney fees under the lease because, at this stage of the proceedings, neither is a "successful party," as required in the lease. And no other party can seek fees under the lease because the lease limits fee requests to the landlord and tenant.
    [Show full text]
  • Adverse Possession--Personal Property--Acquiring Title to Personal Property by Adverse Possession in West Virginia
    Volume 75 Issue 3 Article 5 April 1972 Adverse Possession--Personal Property--Acquiring Title to Personal Property by Adverse Possession in West Virginia Claude A. Brown West Virginia University College of Law Follow this and additional works at: https://researchrepository.wvu.edu/wvlr Part of the Property Law and Real Estate Commons Recommended Citation Claude A. Brown, Adverse Possession--Personal Property--Acquiring Title to Personal Property by Adverse Possession in West Virginia, 75 W. Va. L. Rev. (1972). Available at: https://researchrepository.wvu.edu/wvlr/vol75/iss3/5 This Student Note is brought to you for free and open access by the WVU College of Law at The Research Repository @ WVU. It has been accepted for inclusion in West Virginia Law Review by an authorized editor of The Research Repository @ WVU. For more information, please contact [email protected]. Brown: Adverse Possession--Personal Property--Acquiring Title to Persona STUDENT NOTES Adverse Possession - Personal Property - Acquiring Title to Personal Property by Adverse Possession in West Virginia The expression common to children, "finders, keepers; losers, weepers," is often sufficient to resolve a dispute over the ownership of some previously lost item of little value. When, however, the lost item is of substantial value, a question arises that may require claimants to resort to the courts for an answer. Frequently the question of owner- ship of property claimed by two people, one having possession and one asserting better title, can be resolved by looking to the statutes or the common law. This is especially true with real estate since the recording laws and the laws of adverse possession apply.
    [Show full text]
  • A Guide to Landlord Tenant Law in Iowa
    A GUIDE TO LANDLORD TENANT LAW IN IOWA FOR RENT 2 BR APT 555-6880 A Publication of Iowa Legal Aid IMPORTANT NOTICE: READ THIS INFORMATION BEFORE USING ANY PART OF THIS PUBLICATION This booklet is a general summary of the law. It is not meant to completely explain the subjects in this booklet. IT IS NOT A SUBSTITUTE FOR LEGAL ADVICE. The information in this booklet was correct as of the date it was printed (see the back cover). The laws may have changed. DO NOT ASSUME THAT THE INFORMATION IN THIS BOOKLET IS NOW CORRECT. You should see a lawyer to get complete, correct, and up-to- date legal advice. Do not rely on the general information in this booklet for your specific case. If you need a lawyer but can’t afford one, contact Iowa Legal Aid. You may be able to get free legal help. Call or write Iowa Legal Aid. The address and phone numbers are on the back cover. AS YOU READ THIS BOOKLET, REMEMBER IT IS NOT A SUBSTITUTE FOR LEGAL ADVICE Contents RENTAL AGREEMENTS..........................................................................................................................................................................3 What Can Be Included in a Rental Agreement? (Section 562A.9, Code of Iowa) ...................................................3 What If Some of These Things Aren’t Part of the Rental Agreement? (Section 562A.9, Code of Iowa) ..........3 Is it Best to Have a Rental Agreement for an Exact Period of Time, Like Six Months or One Year? ................4 Are There Certain Things a Rental Agreement Cannot Legally Include?
    [Show full text]
  • [Book III This Action of Ejectment Is, However, Rendered a Very Easy and Expeditious Remedy to Landlords Whose Tenants Are in Arrear, by Statute 4 Geo
    206 TRESPASS TO REAL PROPERTY. [Book III This action of ejectment is, however, rendered a very easy and expeditious remedy to landlords whose tenants are in arrear, by statute 4 Geo. II, c. 28, which enacts; that every landlord, who bath by his lease a right of re-entry in case of non-payment of rent, when half a year's rent is due, and no sufficient distress is to be had, may serve a declaration in ejectment on his tenant, or fix the same upon some notorious part of the premises, which shall be valid, with- out any formal re-entry or previous demand of rent. And a recovery in such ejectment shall be final and conclusive, both in law and equity, unless the rent and all costs be paid or tendered within six calendar months afterwards. 2. The writ of quare ejecit infra terminum lieth, by the ancient law, where [*207] the wrongdoer or ejector is not himself in * possession of the lands, but another who claims under him. As where a man leaseth lands to an- other for years, and, after, the lessor or reversioner entereth, and maketh a feoffment in fee, or fdr life, of the same lands to a stranger: now the lessee can- not bring a writ of ejectione firmce or ejectment against the feoffee: because he did not eject him, but the reversioner; neither can he have any such action to recover his term against the reversioner, who did oust him; because he is not now in possession. And upon that account this writ was devised, upon the equity of the statute Westm.
    [Show full text]
  • In the Court of Appeals Seventh District of Texas at Amarillo
    In The Court of Appeals Seventh District of Texas at Amarillo ________________________ No. 07-12-00378-CV ________________________ LEVADA M. WELLS, TRUSTEE OF THE WELLS FAMILY TRUST, APPELLANT V. WELDON R. JOHNSON, JR., APPELLEE On Appeal from the 46th District Court Hardeman County, Texas Trial Court No. 10,265; Honorable Dan Mike Bird, Presiding August 28, 2014 OPINION Before CAMPBELL and HANCOCK and PIRTLE, JJ. This appeal concerns title to 527.273 acres of land located near the Red River in Hardeman County, Texas. Appellant, Levada M. (Marie) Wells, Trustee of the Wells Family Trust (Wells), claims title to the disputed property by virtue of a chain of title from the sovereignty of the soil to the present. Appellee, Weldon R. Johnson, Jr., claims title to the same property by adverse possession. Following a jury trial in a trespass to try title action and a verdict in favor of Johnson, the trial court entered judgment decreeing him to be the owner of the disputed property. On appeal, Wells asserts the evidence Johnson adversely possessed the disputed property was (1) legally and (2) factually insufficient, and (3) the trial court erred in admitting hearsay testimony regarding the construction of a designed enclosure or fence. We reverse the judgment of the trial court, render judgment decreeing Wells to be the rightful owner of the disputed property, and remand for further proceedings. BACKGROUND THE DISPUTED PROPERTY The disputed property consists of 527.273 acres of land, more or less, out of (1) the north part of Section 9, C.&M. RR. Co. Survey, Abstract No.
    [Show full text]
  • Alabama Real Property Tax Sales, Redemption and Clearing Title
    Alabama Real Property Tax Sales, Redemption and Clearing Title William S. Hereford, Esq. Burr & Forman LLP 420 North 20th Street Suite 3400 Birmingham, Alabama 35203 [email protected] 43147136v1 © 2020 William S. Hereford ALABAMA REAL PROPERTY TAX SALES, REDEMPTIONS AND CLEARING TITLE1 I. AD VALOREM TAX COLLECTION – LAND AND LIEN SALES. Tax sales are the mechanism by which counties collect delinquent ad valorem taxes. There are two types of tax sales in Alabama. The first involves the county selling the taxpayer’s land to pay for the taxes, whereas the second involves the county selling the county’s lien against the land for the taxes owed. Under the first system, the purchaser obtains an interest in the property sold, evidenced by a certificate, which certificate may later be exchanged for a deed to the property. Under the second, recently updated, system, the purchaser at the sale obtains a lien on the property that can be foreclosed after three years. This latter sale of lien system was used for the first time in 2019 after legislative changes to the system in 2018. Ten counties have elected to use the sale of lien system in 2020.2 II. SALE OF LAND (§§ 40-10-1 through 40-10-143). The sale of land system, which is established in Alabama Code §§ 40-10-1 through 40-10-143, is the system historically used by all Alabama counties until 2019 when several counties adopted the revised sale of lien system. While the majority of Alabama counties continue to use the sale of land system, the counties using the sale of lien system increased 1 This publication does not constitute legal advice.
    [Show full text]
  • Landlord and Tenant-Peaceable Reentry
    Indiana Law Journal Volume 7 Issue 2 Article 7 11-1931 Landlord and Tenant-Peaceable Reentry Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the Housing Law Commons Recommended Citation (1931) "Landlord and Tenant-Peaceable Reentry," Indiana Law Journal: Vol. 7 : Iss. 2 , Article 7. Available at: https://www.repository.law.indiana.edu/ilj/vol7/iss2/7 This Note is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. INDIANA LAW JOURNAL will accomplish the same result as was intended to be accomplished in the instant case by the invalid gift. 2 Ind. L. J. 178 and authorities cited. The decision of the instant case with the considerations here mentioned would indicate that the case of Ogden v. Washington NationalBank, supra, which can not be distinguished on its facts, is incorrect, which conclusion vindicates the sharp criticism of that case in a former issue of this Journal. See 2 Ind. L. J. 178. J. B. E. LANDLORD AND TENANT-PEAFABLE REENTRY-On October 26, 1926, plaintiff and defendant, Jessewein, entered into a written contract whereby defendant Jessewein sold to plaintiff all the sand and gravel that plaintiff might remove from defendant Jessewein's land; the contract was for a period of two years with an option for a third year. Plaintiff agreed to pay 12Y2 per yard for the gravel, payment to be made before -the 15th of every month.
    [Show full text]
  • Squatter's Paradise?
    SQUATTERS PARADISE? By: Anthony J. Barbieri Published: CREST Publications Group, THE NETWORK March 2014 It is hard to believe that more than 5 years have passed since the United States’ housing bubble burst. The credit crisis resulting from the burst is, according to general consensus, the primary cause of the 2009 Great Recession. One of the many tragic results of that dark period in our economic history was the grief and despair felt by thousands of families who lost their homes. But a small section of our population rejoiced when they saw rows and rows of abandoned homes: squatters. I’m sure you’ve seen the headlines – one in particular that comes to my mind is the story about Kenneth Robinson, a Texas man who squatted in a north-Texas McMansion worth $350,000 and attempted to claim ownership. Stories like Mr. Robinson’s sparked a national movement for squatters. Mr. Robinson is not the first famous squatter case. The most famous cases happened on the Lower East Side of Manhattan in the 1980s and 1990s, when artists, run-aways and homeless people squatted in vacant buildings and brownstones. They initially were just looking for a dry place to sleep, but when no one yanked the welcome-mat from them, they stayed longer and longer. Even though most of these squatters were eventually forced out, some stayed and succeeded in taking ownership of the property – with the help of an old law called “adverse possession”. The requirements to claim ownership of real estate – whether commercial or residential – varies by state law.
    [Show full text]