LEGAL INQUIRY.

Auckland Star, Volume L, Issue 281, 26 November 1919, Page 13

LEGAL INQUIRY.

<BX A BAKBISTER-AT LAW.) Letters of inquiry will be answered every week in this column. As far as possible thej will be dealt -with in the order in which they are received, and replies will be inserted with the least possible delay. SUBSCRIBER, Devonport.—All the tenants can do Is to trait until the vurchaser pets an order of tie Court to turn them oat. The position is unfortunate, but it may not be entirely so one-sided as you surest. It is quite possible the purchasers themselves have been forced to leave their previons dwelling, and, in order to gee a home, have been obliged to buy the one your friends are occupying. W.H.T.—AU you can do is to take out a summons against the advertiser for the return of the stamps or for their value. The difficulty, of coarse, is thait this procedure will probably cosr morp than the stamps are worth, and the action of tie so-called purchaser Is not one which can bring tiim in touch with Tic police, as he no doubt well knows. ANXIOUS.—A woman may lawfully marry her deceased husband's brother. CONSTANT HEADER.—If .the solicitor appears, it is not necessary for the creditor also to appear in Court, unless the debtor appears and denies the claim. In such a case, of course, the creditor would have to ?ive evidence *>n oath to satisfy the magistrate tbat the claim wa? a valid one. No specified 'ength of D/»ti>e is necessary before taking proceedings to ret-over an ordinary debt.

DEVIATION.-You may quite safely go on as you are. It will be quite time enonirh. if you are disturbed in vonr •tenanry. to so to the expense of arranging details of title <U> which you refer. You pive mc no idea- as to whether you are trustees or not, but as ■"Sj£u are Uie sole ncxt-of-kin you will Si any case be quite safe.

•MORTGAGE.—Reasons for opinions are not siven in thi? column. A mortsape for tWO is not exempt front the Mortgages Extension A<-z simply because of the amount of it- You lave apparently been misinformed on this point.

DO.VJIMOX.—The 1.0.r. is quite valid as. evidence of the debt. The estate of a man dyinj; wltit-out a wVd, ]eavfcnjr. a willow and children by a previous wife, wor.Jd be divided so as to eire the widow one-third and all tbe children of the deceased by nil wives two-thirds equally between them.

H.H.—Tout question raises α-a inteTestins point on n branch of law upon which <-onsWeraMp doubt exists, thoush there if not much doulut on the particular point in (jnestJon. If xour ferret was kiHed v.v your neighbour In 'the defence of his dncks. thon in my opinion you would have no remedy airaiwrt him, but he w,iuH have a valid claim for damages against you for the ducks damaged or tilled.

B.P.— If you intend to defend the <-lalm Rborld pet lopral nssistnn<-e. as an Inv pwfact ixrint of law wil! bo involved, to yoar infancy. If the Court is of opinion that the contract was for your advantage, then yon will be neld tnrand. As you were learning a science whi<-Ii was to pnaMe you to make a IJvins. the ma.aKrate mie-lrt hold "that yuu are bound by the contract to pay.