The Archive · 1939

Society's Powers

This was admitted, and Mrs. Borders submitted that it was outside the powers of the society as prescribe ed by its rules and the Building So-cities Act.

On the oral evidence he had no hesitation in believing Mrs. Borders and her witnesses. 4

There were striking similarities between the disputed signatures and the admitted signatures, and for a long time he thought that Mrs. Borders must be mistaken, Mr. Justice Bennett pointed out that the mortgage sued upon bore the name of a Mr. White as an attesting witness, It was admitted that Mr. White was not present when the document was executed, and he had not been called to explain how his name was put on the deed.

He said he saw no reason to believe that Mr. and Mrs. Borders were liars just because he saw striking similarities between the disputed and admitted signatures. The building society had failed to discharge the burden of proving that Mrs. Borders had executed the deed sued upon, and the action must fail

Text read from the printed page and cleaned; old type leaves the occasional error.

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