COURT OF APPEAL

Dominion, Volume 19, Issue 155, 27 March 1926, Page 13

COURT OF APPEAL

The partly-heard case of Jane Pater son. appellant, and George and William irviiic. respondents, was completed H> the Court of Appeal yesturday. ihv.r Honours. Justices Sim. Aipers and MacGregor, wore on tho Bench. Mr. T- BCooke appeared for the appellant and Mr. E. McVeagh, of Auckland, with Mr. W. P. Gray, for the respondents. The appeal was irom the judgment of Mr. Justice Herdman. The respondents had sold land at Matainata to the appellant ami her brother (W. A. Paterson’, subject to a mortgage of £lO,OOO. representing the lialanco of purchase money. The appellant executed a collateral mortgage, securing payment of £4500. part of the martgage, but 'subsequently the Patersons sold the equity of redemption to one, Slater. Irvine and Slater then agreed to an increase in the rate of in. .ercst, and appellant claimed that such ir.criose exonerated her from any covenant to pay the £4O. and applied for an injunction to restrain the mortgagee ■from exercising- the power of sale. The injunction was refused and the appeal was lodged. After Mi'. McVcagh had stated the rest ondents’ case, Mr. Cooke replied, judgment. was resowed, and the Court ad .journed until Monday next.