INTEREST ON MORTGAGE

Waikato Times, Volume 118, Issue 19648, 7 August 1935, Page 8

INTEREST ON MORTGAGE

ACTION FOR ARREARS. C'OURT GRANTS ADJOURNMENT. When an action claiming £212 arrears of interest respecting a first .mortgage of £2500 on a farm property of 1315 acres at Gordonton was brought by 'the mortgagee in the Magistrate’s Court, Hamilton, yesterday morning, Mr P. 11. Watts, lor defendants, asked that the matter be adjourned lo enable an application for relief by (lie mortgagors to be dealt with. Plaintiff was Lillian Jatio Dimock, married woman, Wellington, and defendants were Owen Martin Moneklon, Douglas George Smith, Herbert Alfred Jones and Ernest Napier Miller. Mr W. J. King, for plaintiff, suggested that the Court had power to consider the merits of the application and lo give judgment for Hie interest claimed although plaintiff had no power to'issue execution while relief proceedings were pending. Miller, who was mortgagor in possession, had been allowed concessions to enable him To make payments of interest, promises of payment having been made from time lo time. At no time was there any denial of liability, and as the mortgagee had been gracious enough to permit time for payment it seemed unreasonable that tlie mortgagor, in applying for relief, should ask for remission of interest. The case was adjourned until September 2 and costs £2 2s were allowed plaintiff .