MUST VACATE PROPERTY

Press, Volume LXXIV, Issue 22429, 16 June 1938, Page 7

MUST VACATE PROPERTY

ORDER MADE AGAINST MORTGAGOR

ACTION IN SUPREME COURT As mortgagee, Henry' Wright (Mr P. P.J. Amodeo), proceeded against Agnes Richardson Barbour in the Supreme Court yesterday for possession of a property. Mrs Barbour, the mortgagor, was represented by her husband, John Henderson Barbour, who pleaded that he and his wife had £2700 involved in the property, and they could not find another place to go to. Mr Amodeo said that application was made to the Mortgage Adjustment Commission for adjustment of Mrs Barbour’s liability, but the application was refused. The mortgagor then sold the property, but Mrs Barbour had not given up possession. Mr Barbour had asked that another property be found for them. He may have been relying on the provisions of the Fair Rents Act, but these did not apply, as Mrs Barbour was in no sense a tenant. In saying that he had £2700 in the property, Barbour told Mr Justice Northcroft that the second mortgagee had only £4OO. He had asked him to take over a section on which the mortgage had been raised, together with improvements. Instead he had now taken two sections and the house. They had nowhere else to live. His Honour said it was quite clear the Court had no choice but grant the application. It was significant that the whole matter had been before the Court of Review, which had refused the application. The mortgagee was entitled to possession within 14 days, and an order would be made accordingly.