45

IN THE SUPREME COURT OF
NEW ZEALAND.

NELSON DISTRICT.

BANK OF OTAGO v. PIKE.

WRIT OF FI. FA.

WHEREAS by Deed of Mortgage bearing date the Twentieth day of December, One thousand eight hundred and sixty-six, Thomas Carter conveyed the Lands hereinafter mentioned unto Samuel Helier Pike, of the City of Nelson, Gentleman, the Defendant in the above action, subject to a Mortgage thereof to David Carnegie for £2,600 and interest at Eight per cent., and subject to redemption on payment of the sum of Nine Thousand Four Hundred Pounds (£9400), as follows, namely:

The sum of Three Thousand Pounds on the first day of January, One thousand eight hundred and sixty-nine; and the sum of Six Thousand Four Hundred Pounds on the first day of January, One thousand eight hundred and seventy-six, with interest thereon at the rate of Ten Pounds per centum per annum, payable yearly on every first day of January, whereof the said sum of Three Thousand Pounds only has been paid off, and the sum of Six Thousand Four Hundred Pounds, and interest from the first day of January last, remains owing thereon:

And whereas by Deed bearing date the twenty-first day of December, One thousand eight hundred and sixty-six, the said Samuel Helier Pike mortgaged the said sum of Nine Thousand Four Hundred Pounds and interest unto Nathaniel Edwards, George Bennett, and John Symons, to secure the balance of his account with them, and the said sum of Six Thousand Four Hundred Pounds and interest now remains mortgaged to the said John Symons alone, as a security for the balance of the said account current, which now amounts to about the sum of £4,500, but which will be reduced by the sum of £900 interest payable by the said Thomas Carter on the 1st January next.

And whereas I, the undersigned Sheriff of the Marlborough District of New Zealand, have taken in execution and entered upon the Real and Personal Estate of the said Samuel Helier Pike, the Defendant in the above action, wherein “THE BANK of OTAGO, LIMITED,” are Plaintiffs, under and by virtue of a Writ of Fieri Facias issued out of the said Supreme Court in the said action in pursuance of “The Execution of Judgments against Real Estate Act, 1867,” for the sum of Seven Hundred and Twenty-nine Pounds (£729), together with interest upon the said sum at the rate of Eight Pounds for every One Hundred Pounds by the year from the eighth day of May last, besides Sheriff’s poundage, Officers’ fees, and all other incidental expenses and costs:

Now, I do hereby give notice that it is my intention to cause the hereinafter described Estate and Interest of the said Samuel Helier Pike of and in the said sum of Six Thousand Four Hundred Pounds and interest now remaining due on the said Deed of Mortgage as aforesaid (subject to and charged with the amount due to the said John Symons as aforesaid), as well as the hereinafter described Estate and Interest of the said Samuel Helier Pike of and in the said Lands conveyed to him by the said Deed of Mortgage, subject to the said Mortgage to David Carnegie, containing by admeasurement Seven Thousand Nine Hundred and Fifty-two Acres, be the same more or less, situated in the District of Waihopai, in the Province of Marlborough, being Sections numbered respectively 57, 58, 59, part 1 of 60, part 2 of 60, 62, 63, 65, 67, 69, 70, 71, 72, 78, 80, 86, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, on the plans of the Stornovar Run, in the said District of Waihopai, to be Sold by Public Auction at the Town of Blenheim aforesaid, on the Twenty-eighth day of December, One thousand eight hundred and seventy-two, at Noon, unless the above-mentioned Debt and Costs be sooner paid.

And I do hereby also give notice that William Downie Stewart, of the City of Dunedin, Solicitor, is the Solicitor of the Bank of Otago aforesaid, the Execution Creditor, and that his Agents are Messrs. Adams and Kingdon, of the City of Nelson, Solicitors.

Given under the authority of me, the undersigned William Henry Eyes, Esquire, Sheriff of the Marlborough District of New Zealand, this Twentieth day of September, One thousand eight hundred and seventy-two.

W. H. Eyes,
Sheriff.

Printed for the Provincial Government by Samuel Johnson, Alfred-street, Blenheim, Government Printer for the time being such Government.