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THE COURT OF APPEAL.

WELLINGTON, October 22. The case of Lowndes v. Mittou is being argued to-day. This is an appeal from a decision of Mr Justice Dauniston on the following facts :—On the 23rd September, 1881, one Maling mortgaged certain land to Harper arid Maude, two members of the firm of Harper and Co., to secure £I,OOO, stated to be then paid by them to him. On the 25th July, 1885, Harper and Maude executed a declaration that they held this £I,OOO in trust for: one Hill. On the 25 th May, 1886, Maling executed a mortgage of the same land, together with other lands, in favor of the appellant, for whom Harper and Go. were agents, to seoure £3,500 BUbjaot to a mortgage to Harper and Maude as regards the land Included in that mortgage. On the 3rd November, 1887, Harper and Co., who were liable to Hill for his £I,OOO, paid him his principal and interest by their own cheque; On the 14th January, 1888, Harper and Maude endorsed upon the mortgage which had secured Hill's money a receipt for the principal and interest in terms" of the: Property Law Consolidation Act, and on the same day Maling executed a new mortgage of the same land to them to secure £BOO stated to be then paid by them to him. On November 22 Harper and Maude executed a document declaring that this £BOO was lent by them on behalf of the respondent, and on 20th July, 1893, they transferred the mortgage to the respondent.. Appellant claims that on payment of the amount secured by the first mortgage given by Maliog in 1891 the second mortgage to appellant became a first mortgage on the land, and that on endorsement of the receipt on the first mortgage the legal estate bscame vested in the uppellant, or, if not, that he was entitled to the legal estate and to priority oyer the respondent. Mr Justice Denniston decided against these contentions, and the present appeal is against his decision. .Mr H. D. Bell and Mr J. B. Fisher appear for the appellant, and Mr Stringer for the respondent.

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https://paperspast.natlib.govt.nz/newspapers/ESD18971022.2.32

Bibliographic details

THE COURT OF APPEAL., Issue 10451, 22 October 1897

Word Count
357

THE COURT OF APPEAL. Issue 10451, 22 October 1897

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