Having come to this decision, said the judge, it was unnecessary for him to express any opinion on the other grounds set up by Mrs. Borders, but, as the matter might go to the Court of Appeal, he would do so.
One question raised was whether the transaction was invalid and unenforceable because of the collateral agreement between the building society and the builders.
Guided by the authorities and the language of the section of the Building Societies Act, he had come the conclusion that the mortgage was not beyond the powers of the society. It was a mortgage on freehold estate, and the security of the freehold estate was not merely nominal
Text read from the printed page and cleaned; old type leaves the occasional error.