MORTGAGES EXTENSION ACT.

Auckland Star, Volume LVI, Issue 216, 12 September 1925, Page 14

MORTGAGES EXTENSION ACT.

* CLAIM FOR £1100. j PLAINTIF NONSUITED. Reserved judgment was deliverd in i clie Supreme Court by Mr. Justice I Alpers yesterday in the case in which Sophia Jane Craig (Mr. Endean) claimed £1100 from George Mcßae Peacock (Mr. McVeagh), as balance due 'on a mortgage. I The claim was made 'by the plaintiff las administrator under the estate of her i deceased 'husband. The liability was not I disputed by defendant, but it" was con-1 tended that by virtue of the Mortgages • i Extension Act. the action had been pre- j ; maturely brought. The land had been j i sold subject to the mortgage to Eric ■ ■ Fried lander and Emil Friecllander, who, j jit was contended, were liable to: j indemnify her. She had signified her; j intention of exercising her powers under! the Act, and the only objection was •' entered by Eric Fried'lander. It was j submitted that defendant was entitled to , the protection of the Act, although he j 'had not given notice of his claim to the rights. j His Honor held that defendant's con-j tention was a valid one. Plaintiff elected \ Ito be non-suited if the opinion of the, Court were adverse fo her claim, and ! judgment would accordingly be made for | a non-suit with costs. "