Sotomoy yr. Mi was a case in which R. J. a French-protected subject, sued to cover poxsessi Jot of Fal rexisternd at the Consulate, and numbered L142, injunct fondant from from Wi ked foran
preventing the plaintiff's servants or work. men from repuiring the premises. Mr. J.
Hanson (Messrs, Dowdall, Hanson and MeNeill) was for the phentiff, Mr. PB. Wilkinson and Mr. L. E. P. Jones for the defendant The plaintiffs petition showed 1.—Plaintiff is a French protected subject.
—Defonilant is w British subject.
By a deed of mort, ber 1893 and made one part ud the Steai Limited, of the other part the defendant wie vag then the registered owner of the I ul known in the hooks for the regist sion of lind kept at the British Consulate neral at. Shanghai as lot 1146 granted and conveye the said lot of land together wi buildings there: on unto the said Bu ina, Japan and the Straits Limited and its nssizns by way of mortgage for securing the repayment of a sum of Tls. 3,000 advanced by the said Bank to the defendant together with interest. thereon ut eight per cent per anna and the said deed contained " power fort e said Bank or its a-signy xt any time after the Ist day of Decemmer 1394 to sell in arrear for provided by.
il mortgage deed that notwithstanding any irregularity with regard to any sale made by the sid Bank or its assigns ander the aforesaid power any such sale should ws far as. regards the safety and protection of the purchaser he deemed to be within the aforesaid: power and be valid and effectual accordingly and that the renieily of the mortgagor in res~ Bin damages only.
ect of any irregularity in such sale should 4.—By a deed dated 2ist of January 1897 and male between the said Bank of Chioa, Japan and the Straits Limited and Frede Clarke Bi ator thereof of the of China and Japan (Lof the other part the said mortgage debt of Tia. 2,000 secured by the abore men tioned mortgage of the 21st September 1893 and the interest thereon and the securities for same were transferred to and became duly invested in the ssid Bank of China and Japan Limited.
5.—By a deed dated 2ist of January 1897 and male between the defendant. of the one part and the Bank of China and Japan Limit. td of the other part the defendant further charged the said lot of land comprised in the mortgage of the 2Ist September 1893 with the payment to the said Bank of China and Japan Limired of the further principal sums. and interest therein mentioned and it was provided that all the powers including the power of sale comprised in the Deed of Mort-gave of the 2ist September 1893 should remain in force and be applicable for securing the payment of the further principal sums and interest as if such powers had beea expressly inserted in this weed of Further Charge.
6.—On the 3rd November 1899 the interest due under. the said Deed of Mortgage and Deed of Further Charge being then several months in arrear the suid Bank of China and Japan Limited in exercise of the power of sale vested in them as Mortgagees under the said Mortgage of the 2Ist September 1893 and the Deed of Further Charge of the let January 1897 transferred the whole of the said lot of land No. 1146 to the plaintiff and the Plain is now the registered owner of the said lot,
Text read from the printed page and cleaned; old type leaves the occasional error.