SUPREME COURT.

Otago Daily Times, Issue 8076, 11 January 1888, Page 4

SUPREME COURT.

CIVIL SITTINGS. Tuesday-, January 10. (Before his Honor Mr Justice Williams.) THOMAS MURRAY V. K. GILMOUE. Mr Gallaway appeared for the plaintiff; the defendant, who failed to appear, was not represented by counsel, . Mr Gallaway said that the action was to recover £1070 IGu 4d, balance of mortgage, money lent, charges, expenses, and interest. George Mondy (solicitor) was called to prove the mortgage deed, which was put in evidence.

Thomas Murray (settler), the mortgagee, gave evidence that he originally lent the defendant £1400, aud that of this over £1000 was still unpaid. The interest was originally 10 per cent., but in April 18S1 it had been reduced to S per cent. Interest had not been paid since February ISSS. The property had been sold through the registrar on the 27th January 18S7, and witness was the purchaser.

Mr C. M'K. Gordon (registrar) proved the sale.

His Honor gave judgment for tho plaintiff for £1070 16s 4d, and interest at 8 per cent, from 27th January ISB7 to the date of judgment. Costs on the lowest scale, disbursements, and witnesses' expenses.

W. L. SIUrSON AMD WILLIAM EMERY (TRUSTEES AND EXECUTORS OF ALEXANDER ISOUS, DECEASED) V. MAHY A. INGLrS AND OTIIEKS, DEFENDANTS.

Mr F. R. Chapman appeared for the trustees, Dr JFitchett for the widow, aud Sic George Cook for the iufant defendants.

Mr Chapman said the object of the suit was primarily to obtain an interpretation of 3 clause in the will, and that there being a busiuess to be carried on, it would be necessary for the executors to apply to the court for advice and direction.

After hearing counsel,

His Honor directed that an order should be made to carry out tho first and third paragraphs of tho plaintiff's prayer, the terms of the order to bo settled in Chambers.

The court then adjourned until the following day.

IN CHAMBERS,

Reid and Anothek v. Wilson (No. 1368). — Mr Edward Cook's summons to make Oaniaru the place of trial, &C.

Same v. Same.—Mr J. Macgregor's summons to strike out pleas, &c.

Both sun-mouses were taken together, and it was ordered that the trial should take place at the present sittings on Thursday, 19th inst.

Watson v. Reid and Gkay.—Mr Edward Cook's motion to fix trial at same time as action 1308.—N0 order.

Jolly v. Jolly.—Divorce suit.—Mr Famie's motion to tix mode, time, and place of trial.— Trial to take place on Monday, January 10, at 11 o'clock, before his Honor without a jury.

Simpson and Anotueii v. Indus and Othkhs. —Mr George Cook's petition to appoint Thomas Robertson, jun., guardian ml litem for the infant defendants. —Order accordingly. The court rose shortly after 12 o'clock.