A COMPLICATED CASE
Involved' legal argument was heard by the. Court of. Appeal yesterday afternoon, and this morning on aii appeal from a : decision, of Mr. Justice Eeed in a Blenheim case between Arthur Simpson, sheepfarmsr, of Seddon, and.CEristopher Frank 'Schwass, shcepfafiner,f.of Grovetown, dealing; Vith compl.icatcd facts in. regard to- two mprtgages'.givcn by Sehwass over different properties'in Marlborpugh; '■■ .;...:: . .'; ■ ..;_' "';'•-' . ,-. The Chief : Justice : (Sir Michael •Myers)' presided," and associated; ,with his Honour were Mr.' JUstico Adams,; Mr. Justice'• Ostler,; aiid MK5 ' Jjistice Smith. ""*■ •"'. ' ' : ■ ■..-■■■ ■:-■■ 1 ■■'-. Mr. H. F; Johnston, K.C., with .MA F. Beid, appeared for.Simpsonj and.Mr. A. 0 Nathan for- Schwass ■ v '.. . ■ Mr.; :.Johnsto.ii . said;.: that" -iii' ■•'- tho ;Siiprem9''Cio!ttf;t;;aciipA-7tlifc:";ftppenaiil;,' Simpsoii,. the ..plaintitf_ and; -the mortgagee'; the respondent-;- ; "Seliwass, was the -d6foUdiin.6/iir tlie. Court feclpw and the mortgagor. .The short .'<pe* tion . at issue whether on- a^salc conducted througli thp Eegistrar of tlie Supreme -Court the mortgagee was en-. •titled to \debit as, against the. purchase money an overdue .unpaid .instalment of 'purchase money owing by the jmorteagor under, his licence to /occupy from thl Crown which .was duQ:,pripr to the. time fhe sale was; held. ; ,Thp question, although Hhe amount involved, .was. small, was of some importance.to poniveyancers,- and it seeme.d impossible, fo confine judgment; to; thq facts of .the ease and not to lay down general principles which would tie of some importance in regard to the matter., _. , The Court reseryed its decision.
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/EP19310317.2.127
Bibliographic details
Evening Post, Volume CXI, Issue 64, 17 March 1931, Page 11
Word Count
232A COMPLICATED CASE Evening Post, Volume CXI, Issue 64, 17 March 1931, Page 11
Using This Item
Stuff Ltd is the copyright owner for the Evening Post. You can reproduce in-copyright material from this newspaper for non-commercial use under a Creative Commons BY-NC-SA 3.0 New Zealand licence. This newspaper is not available for commercial use without the consent of Stuff Ltd. For advice on reproduction of out-of-copyright material from this newspaper, please refer to the Copyright guide.