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[Per United Press Association.] WELLINGTON, November 20. The Court of Appeal to-day gave judgment in M‘Lean ami another v. Miller. The Court varied the order made by Sir Robert Stout by inserting a declaration in the following* terms The order now made is without prejudice to any proceedings which plaintiffs may take for the purpose of establishing their claim to hold the mortgage executed by defendant in their favor as; security for any moneys proved to have bee;:' paid for or on account of defendant out of a sum of £2,700 paid bv plaintiffs to Oliver Noei Ciliespic, and to Jiavo a fresh mortgage executed by defendant in them favor for the purpose of having pnyinen of the eaid moneys, and also for any incidental relief." Subject to this variation, the order appealed from was ordered to stand, and the appeal uas dismissed, with costs to respondent on the highest scale as on a case from a distance.

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Bibliographic details

APPEAL COURT, Issue 15655, 20 November 1914

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APPEAL COURT Issue 15655, 20 November 1914

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