A QUESTION OF LAW.
[BY TELEGRAPH. PRESS ASSOCIATION".] Dunedin, Monday. At the Supremo Court, to-day, an appeal on behalf of two Christehurch creditors in the estate of Benjamin and Jacobs was dealt with. The proof of Messrs. Gould and Beaumont had been rejected by the Official Assignee. After the evidence of the creditors nad been taken, the Assignee's solicitor admitted that the only question involved was one of law, namely, whether a mortgagee having sold the security through the Registrar, and himself become the purchaser, he could prove on the estate for the balance of the debt, or whether he was not in the position of a mortgagee who had foreclosed. Justice Williams directed that proof should be allowed, holding that a mortgagee who had purchased was in an entirely different position from a mortgagee who had foreclosed, having obtained the estate after competition, and if it had realised more than the amount, he would have to be responsible for the surplus to the mortgagor.
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New Zealand Herald, Volume XXVII, Issue 8386, 14 October 1890, Page 5
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165A QUESTION OF LAW. New Zealand Herald, Volume XXVII, Issue 8386, 14 October 1890, Page 5
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