TRANSFER OF MORTGAGE
Transaction Set Aside
Judgment for Mrs Evelyn Alice Murtagh, the petitioner, was given in a judgment by Mr Justice Macarthur in the Supreme Court yesterday. The respondent was Patricia Vera Duthie, a married woman, to whom Mrs Murtagh’s husband had transferred a mortgage of £4OOO allegedly ,in order to defeat Mrs Murtagh’s claim to maintenance. Mr P. H. T. Alpers appeared for the petitioner; Mrs Duthie was represented by Mr A. D. Holland. “The petitioner is entitled to relief,” his Honour said. His Honour said that he had, in his judgment, made orders setting aside the transfer of the mortgage that was in dispute and in addition charging the mortgagee’s interest with the payment of maintenance and alimony in favour of the petitioner. “I have also indicated that I am prepared to appoint a receiver in respect of the mortgage,” he said.
However, there were certain matters for counsel to consider further. He would like to hear submissions on the alteration of the Land Transfer Register; on the appointment of a trust company to be a receiver; on costs, and on other matters not specified in the judgment
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Bibliographic details
Press, Volume XCIX, Issue 29233, 17 June 1960, Page 11
Word Count
191TRANSFER OF MORTGAGE Press, Volume XCIX, Issue 29233, 17 June 1960, Page 11
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