The New South Wales Law Reports, 1880-1900 Volume 8 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1887 Excerpt: ...for 200Z. It has no folio or volume marked upon it by which it could be found in the Registrar-General's Office, and it may be that in a Court of law it would be of very little value, but in a Court of Equity Masterton could be compelled to complete this mortgage by a proper instrument. However, there is the document, and, therefore, when the matter was before Mr. Justice Innes in Chambers, Kerrigan had in his hands a document to which his client was entitled--a complete document, or one to be used for the purpose of completing a mortgage to Gralton. Gralton was entitled to have possession of this document. It is impossible for the Court to suppose that when Kerrigan, who was bound by every interest of his client to know of the existence of that document, and exactly what it was, made the affidavit which he has made in this case, he did not perfectly well know that this document was then in his possession. That affidavit was made at Kempsey, ISH7. where Kerrigan carried on business, and where this document In re also was deposited. An affidavit has also been obtained from Exparte Masterton, and that affidavit seems to have been prepared with Graltos. scrupulous care so as to prevent any criminal proceedings being The C.J. taken against him (Masterton). Of course if it had been an echo of Kerrigan's affidavit, Kerrigan saying that he obtained no security from Masterton, very possibly proceedings might have been taken against Masterton in another jurisdiction for making a sworn statement that he gave no security, but from first to last he has with scrupulous care avoided stating anything about the mortgage security. He simply states that he got the money from Kerrigan at the request of Gralton. Now the evidence does not stop there. It appears from the affidav...