AN INTERESTING CASE.

Wairarapa Age, Volume XXIX, Issue 8392, 8 April 1907, Page 5

AN INTERESTING CASE.

By Telegraph—Press Association. AUCKLAND, April 5. What was described by Mr Justice Cooper as a peculiar and unique case was dealt with by his Honor in Chambers this morning. Mr M. G. McGregor had applied for a direction as to how to proceed in an action by Alexander McKenzie, of Omaha, settler, to remove a certain d?ed of transfer from the deeds register. Applicant, a widower, was sole executor under his wife's will, and the property included twenty-six acres of land jn the parish of Omaha. A 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 Aleander 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 forged Mrs McKenzie's name to the deeds. It was alleged that the mortgagor had recognised this, and given a release, but a transfer apparently could not be removed from the title without a suit in the Supreme Court. However, it was clear that personal service upon the 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 action in two daily and two weekly journals, a written st/itcment of 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 in the cause," added his Honor.

CABLE SHEWS. By Telegraph—Press Association—Copyright,