LAW REPORTS

Dominion, Volume 9, Issue 2728, 24 March 1916, Page 9

LAW REPORTS

COURT OF APPEAL

registration objected to

His Honour Mr. Justice Cooper prevolt i Oll , Court of Appeal bench lesterday, and associated with him were ineir Honours Mr. Justice Sim and ill'. Justice Hosking. The case for 'Pf J vas of the Registrar-Gen-n oi ' ?-' alu j v- the Dixon Investment UJinpany, Ltd. It lvns an appeal from decision of His Honour the Chief (.1. JJ? ,( ' r Robert Stout), directing o District Land Registrar to register an instrument purporting to 'be a memoranduni of mortgage. The objections raised by the Registrar to its ? il0 " "'ere three in number:— i-list, that the document comprised two J stii'ct instruments—namely, a third moitgage and a variation of firstmortS'oO , second, that it purported to givo third mortgage priority over a second mortgage; and third, that the document excluded the Mortgage Exnsion Act. These objections were overruled by the Chief Justice, and the Kegistrar-GenerM theroforo moved the 'pu a ,^PP° al 011 tlle question. ■I he tjohctor-General (Mr. J. W. Salmond, K.C.) appeared in support of the appeal, Mr. H. F. Von Haast appearing for the respondent. Argument had not concluded last evening, and the hearing 'will be continued to-day.