A PECULIAR CASE.

Otago Daily Times, Issue 13889, 29 April 1907, Page 2 (Supplement)

A PECULIAR CASE.

AUCKLAND, April 5.

What was described by Mr •Tusl.ico Cooper as a peculiar and unique' caso was dealt with by his Honor in Chambers this morning. Mr M. 0. M'Gregor had applied for direction as to how to proeecd in an action by Alexander MacKenzie, of Omaha, settler, to remove a certain deed of transfer from the deeds resistor. Applicant, a widower, was. sole executor under hs wife's will, and the property included 26 acrta of land in tho parish of Omaha. A deed dated Oeiobor, 1888, purpbrtng to be a mortgage of thp land, and another deed of conveyance dated' tho samp date, was registered transferring tho land from Mrs MacKenzie to one AleXandor MnoKenzio, son of Captain MaclCenzic. Tho plaintiff alleged that theso deeds wero forgeries, and that, tho " Alexander Mackenzie" had no existence, and that, some person unknown forged Mrs MaoKenzie's name to the deeds. It was .illcged that the mortgagor had recognised this, and had given a release. but the transfer could apparently not bo removed from the titlo without a suit in tho Supremo Court. However, it was clear that personal service upon defendant was impossible, as ho did not exist'. Acting upon his powers, his Honor said lie would order service to be modoi by advertising the cause of action in tho two daily and two weekly journals, a written statement of claim tn bo also fixed and maintained for a certain time upon n prominent place on tho property, in "unstion. "The eo«ts of this motion aro nlaintiffs costs in tho cause," added his Honor.