“It is true that the dispute between the parties relates to a comparatively small portion of the area to which the declaration relates; but it is also true that the defendant did not ask for authority to defend on his family’s behalf, and it is the fact that at one stage he wished to amend his defence in a manner which would leave it open to him, or others of his family, to claim some other portion of the plaintiffs’ land. The defendant’s plan and pleading make it clear that he and to all appearance his family, claim no more than what is shown in his plan GA 290A/57, and it is highly desirable not to leave it open to him at any rate, regardless of the position as it might affect other members of his family, to claim anything else, but to bind him by this Judgment.”
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