A PECULIAR CASE

New Zealand Times, Volume XXIX, Issue 6176, 6 April 1907, Page 7

A PECULIAR CASE

ALLEGED FORGED DEEDS. PKSSS ASSOCIATION. AUCKLAND. April 5. What was described by Mr Justice Cooper as a peculiar and unique case Avas dealt with by his Honor in Chambers this morning. Mr M. G. McGregor had applied for a direction as to how to proceed in an action by Alexander McKenzie, of Omaha, settler, to remove a certain deed of transfer from tho deeds register. Applicant, a widower, was sole executor under his Avifo’s will, and the property included twontv.six acres of laiid in tho parish of Omaha. A deed dated October, 1838, purporting to bo a mortgage of tho land, and another deed of conveyance. dated the same date, were registered, transferring the land from Mrs McKenzie to one Alexander McKenzie, 'son of Captain McKenzie. The plaintiff alleged that the deeds w-ere forgeries, and that tho “Alexander McKenzie” bad no •existence, and that sonic person unknown forged Mrs McKenzie’s name to tho deeds. It was alleged that the mortgagor had recognised this, and giA’cu a release, but a transfer apparently could not be removed from the title Avitbout a suit in the Supreme Court. HoAvevcr, it was clear that personal service upon tho defendant Avas impossible, as ho did not > exist. Acting upon his powers, his Honor said he Avould order pctaucg to bo made by advertising the cause of action in two daily and tiro weekly journals, a Avrittcn statement of claim to be also fixed and maintained for a certain time upon n prominent pi hoc on the properly in question. “Tho costs- of this motion are plaintiff's costs in tho cause,” added his Honor.