Ruapekapeka Sawmill Company Limited v Yeatts and Another - [1958] NZLR 265

Property law — Land transfer — Mortgage — Possession of Mortgaged Property — House containing Upper and Lower Flats — Agreement by Owner of Such Premises entitling His Former Wife to "free use and occupation until her death or remarriage of the top floor of the house property" — Owner later giving Second Mortgage over that Property — Mortgagee registering Mortgage without Actual or Constructive Notice of Former Wife's Equitable Life Estate in Upper Flat (which could have been made registrable) — No Fraud Alleged — On Mortgagor's Default thereunder, Mortgagee claiming Possession of Upper Flat — Former Wife a Person "claiming under or through" Mortgagor — Mortgagee's Registered Mortgage paramount over Former Wife's Rights — Mortgagee entitled to Possession of Upper Flat — Land Transfer Act 1952, ss. 62, 91-95, 106, 108, 137, 167, 182

Practice — Originating Summons — Claim for Possession of Mortgaged Property on Mortgagor's Default — No Material Conflict of Fact — Remedy available to Mortgagee by Originating Summons to Evict Person "claiming under or through" Mortgagor — Code of Civil Procedure, R. 550 — Land Transfer Act 1952, ss. 106, 108.