A PECULIAR CASE.

Taranaki Daily News, Volume L, Issue 59, 6 April 1907, Page 2

A PECULIAR CASE.

.» Per Press Association. Auckland, April 4. What was described by Mr. Justice Cooper as a peculiar and unique ease was dearth with by his Honor in Chambers this morning. Mr. 0. McGregor had 'applied for direction as to how to proceed in an action by Alexander McKenzic, au Umatii settler, to remfive a certain deed of transfer from the Deeds Register. The applicant, a widower, was sole executor under his wife's will, and the propnty included 20 acres of land iu the parish of Otnatu. A deed, dated October, 1888, purporting to be a mortgage of the land, and another deed of conveyance, dated the same dale, was registered transferring the land from Mrs. MeKcnzie to one ''Alexander MeKenzie, son of Captain McKenzie." 'Die plaintitl' alleged that the deeds were forgeries, that the "Alexander McKenzie had no existence, and that some person unknown bad forged Mrs. McKenzie's name to the deeds. It was alleged the mortgagor had recognised this, and given a release, but the transfer could apparently not be removed from the title with nit a suit in the Supreme Court. Ilow-ver, if was clear that personal service upon defendant was impossible, as he did not exist. Acting upon his powers, his Honor said he would order service to be made by advertising the cause of the action in two daily and two wefkly journals, a written statement ot the claim to be also fixed and maintained for a certain time upon a prominent place on the property in question. "The costs of this motion are plaintiff's costs iu the cause," added his Honor. ""