High Court Wellington
17 March; 24 March 1955
Stanton J
17 March; 24 March 1955
Stanton J
Mortgage — Abandonment of Mortgaged Property — Mortgagors notifying Mortgagee that They had "abandoned the property" subject to Mortgage — Mortgagee entering into Possession — Document of "abandonment" not apt to make Mortgagee Owner, so as to empower Him to ask Mortgagors to transfer to Him, free of Encumbrances or at all — Court's Reluctance to presume Mortgage Converted into Sale resulting in Mortgagor's losing Equity of Redemption.
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