A motion in connection with a Tientsin cave was heard by his Monour Judge Purdy in the U.S. Court for China on Aug. 6. The plaintiff in the action ly S, B. Tatuti Jand the defendant 'T. L, Miller, both, Tientsin. Mx. H, D, Rodger appeared for the piaintif? and Mr. N. F. Allman for the defendant, The ease is in connection with the, mortgage of property in. Tients of which the plaintiff was the mort gagee and of which the defendant held the legal title and one Admiral Loo was also interested?—The land was mortgaged for $31,000 and when payment Became "due, the plaintiff acquired the property by foreclosing: the mortgage.
'The case is somewhat involved fand it appears that in 1927, Miller leased the land to the' U, 8. Government. for billeting the U. Marines, The contract was for one year with option of renewal. The option was exercised and at the resent moment, the U. 8, Govern= ment is in possession. 'The plaintif™, therefore, asks that the lease held by the U. S. Government be declare. null and' void and that Mr, Miller ordered by the Court to return the property to the plaintiff.
The defendant claims that Mr. Talati. was cognizant of the fact that the land was leased to the U.S. Government and had in fact received rental, He further claims that the Tease is valid and cannot declared void ax it was made when Mr. Miller still had legal title to the land. Moreover, the only recourse which the ly have, if any, is to si Miller for damages' but faction can be taken in respect the property neither can the U. Government be ordered to vacate property of which they are the Tegal tenants.
His Honour dismissed the application of the plaintiff on the grounds that the plaintiff as mortgagee had received the rent for the property Jduring the whole period of occupa jon and had only actually acquired the land after the lease had been
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