DEFAULT UNDER MORTGAGE.

Manawatu Herald, Volume XLVII, Issue 2930, 1 September 1925, Page 3

DEFAULT UNDER MORTGAGE.

ORDER FOR POSSESSION GIVEN. Reserved judgment has been given in the Supreme Court in the case of Mark Newt'll versus Arthur James Thompson, farmer, of ALmtoa. “This if. an originating summons under rule 550," states His Honour. Mr. Justice Ostler. “The plaintiff is the mortgagee of land owned by defendant, plaintiff’s being a second mortgage. He is an assisted discharged soldier, ami the consent of the Attor-ney-General had to be obtained before any steps could lie taken to soil the land under the power of sale contained in tiic mortgage. This consent was obtained, and ilie plaintiff agreed to sell the land to liis son. Defendant refused to give up possession of the land and plaintiff has mm taken out his originating summons for an order for possession.” Ilis Honour slates tliar it was contended on behalf of defendant that the Court had no jurisdiction to make an order for possession in the proceeding, hut after reviewing the position His Honour stales: “Plaintiff having agreed to sell the land under his powers of sale is entitled lo possession and this Court has jurisdiction to make an order for possesion in these proceedings because there was no direct proof that the mortgagee’s power of sale bad arisen, but an affidavit lias now been filed which has cured ibis defect. I accordingly made an order that defendant do forthwith deliver possession of the land lo plaintiff and pay to plaintiff the sum of £6 6s and disbursements, the costs of these proceedings."