LEGAL POINT.
MORTGAGORS' RELIEF ACT,
DECEASED PERSON'S ESTATE,
(From Our Own Correspondent.) CAMBRIDGE, Tuesday. A legal point which is believed to be unique in tlio history of mortgagors relief legislation has been determined by a written decision given in the Magistrate's Court here by Mr. S. L. Paterson, S.M. A mortgagee sued a local mortgagor for £5 14/9 interest alleged to be due, and the Court was invited to decide whether a mortgage of a 6hare in a deceased person's estate comes within the operation of the .National Expenditure Adjustment Act, 1932. In hie judgment the magistrate found that the deed in question did not come within the definition of the statute. The document itself did not expressly grant security over any land or interest in land, and if default were made under the mortgage, the mortgagee could only enforce her remedies against the trustee and not against the land. Judgment was therefore entered for the plaintiff for the full amount of the claim, with costs.
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https://paperspast.natlib.govt.nz/newspapers/AS19341010.2.101
Bibliographic details
Auckland Star, Volume LXV, Issue 240, 10 October 1934, Page 9
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166LEGAL POINT. Auckland Star, Volume LXV, Issue 240, 10 October 1934, Page 9
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