POSSESSION ORDERED

Evening Post, Volume CX, Issue 52, 29 August 1925, Page 6

POSSESSION ORDERED

SOLDIER UNABLE TO PAT

INTEREST,

Possession was ordered to be delivered in the reserved judgment of his Honour Mr. Justice Ostler, entered in the Supremo Court-yesterday in the case of Mark Freeth, plaintiff, against Arthur James Thompson, brought by an originating summons under rule 350.

"The plaintiff," says his Honour, "is the mortgagee of land owned by defendant, plaintiff's mortgage, being a second mortgage. Defendant mado default in payment of. a quarter's interest. Ho ia an assisted discharged soldier, and the consent of tho Attorney-General had to be obtained beforo any steps could be taken to sell tho land under the power of sale contained in the mortgage. This consent was obtained, and the plaintiff agreed to sell tho land to his son. Defendant refused to give up possession of the land, and plaintiff has now taken out this originating summons for an order for possession.

"It is contended on behalf of defendant that the Court has no jurisdiction to make an order for possession in these proceedings. . . . Rule 350 was designed to provide a cheap and expeditious procedure for the enforcement of the rights con-. ferred on a mortgagee by his mortgage, and was intended to meet such a case as the present. The plaintiff having, agreed to sell the land under his power of sale, is entitled to possession, and this Court has jurisdiction to make an order for possession in these ' proceedings. . . . I accordingly make an ordor that defendant do forthwith deliver possession of tho land to plaintiff, and pay to plaintiff tho sum of-£6 6s and* disbursements, the costs of these proceedings."