UNIQUE CASE

Gisborne Times, Volume XXV, Issue 2047, 6 April 1907, Page 3

UNIQUE CASE

Press Association. AUCKLAND, last night. What was described by Mr. Justice Cooper as “a peculiar and unique rase” was dealt with by His Honor in Chambers this morning. Mr. XL CL McGregor had applied for direction as to how to proceed ill the action by Alexander McKenzie, ail Omaha settler, to remove a certain deed of transfer from the deeds, register. Applicant, a widower, was sole executor under his wife’s tyiH', and the property included 26 acres of land in the parish of Omaha. The deed dated October, 1888, purporting to be a mortgage of the land, and another deed of conveyance, dated the same date, were registered, transferring the land from Mrs. McKenzie to one Alexander McKenzie, son of Captain McKenzie. The plaintiff alleged that the deeds were forgeries and that the “Alexander McKenzie” had no existence, and that some person unknown had forged Mrs. McKenzie’s name to the deeds. It is alleged that the mortgagor had recognised this and given a release, but the transfer could apparpiitly not be removed from the title without a suit in the Supreme Court. However, it was clear tb<M personal service upon defendant was impossible, as he did not exist. Acting upon this His Honor said that he would order servicp to be made b.V advertising t]io cause of action m two daily and two weekly journals. A written statement of the claim is to be also fixed and maintained for a certain time upon a prominent place on the property in question. “The costs of ih' s motion are the plaintiff’s costs in the cause, added His Honor.