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Marlborough Express, Volume VII, Issue 434, 28 September 1872, Page 2

Kof tees. IN THE SUPREME COURT OF NEW ZEALAND. NELSON DISTRICT. BANK OF OTAGO V. PIKE. Writ of Fx. Fa. WHEREAS by Deed of Mortgage bearing date the Twentieth day of December, One thousand eight hundred ' and sixty-six, Thomas Carter conveyed the Lands hereinafter mentioned unto Samuel HeliEr Pike, of the City of Nelson, Gentleman, the Defendant in the above action, subject to redemption on payment of the sum of Nine Thousand Four Hundred Pounds (£9400), as follows, namely : The sum of Three Thousand Pounds on the first day of January) One thousand i eight hundred and sixty-nine; and the sum of Six Thousand Four Hundred Pounds on the first day of January, One thousand eight hundred and seventy-six, with interest thereon at the rate of Ten Pounds per centum per ’annum, payable yearly on every first day of January, whereof sum of Three Thousand Pounds onlyjhas been paid off the sum of Six Thousand Four Hundred Pounds, and interest from the first day of January last remains owing thereon : And whereas by Deed bearing date the twenty-first day of December, One thousand eight hundred and sixty-six, the said Samuel Helier Pike mortgaged the said sum of Nine Thousand Four Hundred Pounds and interest unto Nathaniel Edwards, Geo toe Bennett, and John Symons, to secure the balance of his account with them, and the said sum of Six Thousand Four Hundred Pounds and interest now remains mortgaged to the said John Symons alone, as a security for the balance of the said account .current, which now aihounts to above the sum of Four Thousand Pounds. And whereas I, the undersigned Sheriff of the Marlborough District of New Zealand, have taken in execution and entered upon the Real and Personal Estate of the said Samuel Helier Pike, the Defendant in the above action, wherein “ The Bank of Otago, Limited,” are Plaintiffs, under and by virtue of a Writ of Fieri Facias issued out of the said Supreme Court in the said action in pursuance of “The Execution of Judgments against Real Estate Act, 1867,” fof- the sum of Seven Hundred and Twenty-nine Pounds (£729), together with interest upon the said sum at the rate of Eight Pounds for every One Plundred Pounds by the year from the eighth day of May last, besides Sheriff’s poundage, Officers’ tees, and all other incidental "expenses and costs : Now, I do hereby give notice that it is my intention to cause the hereinbefore described Estate and Interest of the said Samuel Helier Pike of and in the said sum of Six Thousand Four Plundred Pounds and interest now. remaining due on the said Deed of Mortgage as aforesaid (subject to and charged with the due to the said John Symons as aforesaid),' as well as the hereinbefore described Estate and Interest of the said Samuel Helier Pike of and in the said Lands conveyed to him by the said Deed of Mortgage, containing by admeasurement Seven Thousand Nine Hundred and Fiftytwo Acres, be the same more or less, situated in the District of Waihopai, in the Province of Marlborough, being Sections numbered respectively 57, 58, 59, part 1 of GO, part 2 of 60, 62, 63, 65, 67, 69, 70, 71, 72, 78, 80, 86, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, on the plans of the Stronvar Run, in the said District of Waihopai, to be Sold by Public Auction at the Town of Blenheim aforesaid, on the Twenty-eighth day of December, One thousand eight hundred and seventy-two, at Noon, unless-the above-mentioned Debt • and Costs be sooner paid. And Ido hereby also give notice that William Downie Stewart, of the City of Dunedin, Solicitor, is the Solicitor of the Bank of Otago aforesaid, the Execution Creditor, and that his Agents are Messrs. Adams and Kingdom, of the City of Nelson, Solicitors, Given under the authority of me, the undersigned William Henry Eyes, Esquire, Sheriff of the Marlborough District of New Zealand, this Twentieth day’of September, One thousand eight hundred and seventy-two. W. H. Eyes, Sheriff.