Precedents in Equity, Being Forms in Common Use in the Supreme Court of New South Wales in Its Equitable Jurisdiction And in Proceedings On Appeal Therefrom

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PRAYERS IN SUIT FOR FORECLOSURE— MORTGAGOR IN POSSESSION— INQUIRY ORDERED AS TO AMOUNT OF DEBT.
( 1 ) That an account may be taken of what is due to the plaintiff in respect of principal interest and costs under the above-mentioned Indenture of Mortgage and for his taxed costs of this suit and that in default of the defendant paying to the plaintiff the amount so found to be due by a short day to be named for that purpose the defendant may thenceforth stand absolutely debarred and foreclosed of
... and from all right title and interest and equity of redemption of in and to the lands tenements and hereditaments comprised in the said Indenture of Mortgage.
(2) That for the purposes aforesaid all necessary and proper orders and declarations may be made directions given inquiries had and accounts taken.
222.
ORDER NISI FOR FORECLOSURE— MORTGAGOR IN POSSESSION— INQUIRY ORDERED AS TO AMOUNT OF DEBT.
[Formal parts : see Form 211.] THIS COURT DOTH ORDER that it be referred to the Master in Equity to take an account of what is due from the defendant to the plaintiff in respect of principal interest and costs under and by virtue of the above-mentioned Indenture of Mortgage and for his costs of this suit such costs to be taxed and certified by the Master in Equity AND THIS COURT DOTH FURTHER ORDER that upon the defendant paying to the plaintiff what shall be certified to be due to him as aforesaid within three calendar months of the date of the certificate of the Master in Equitj- at such time and place as shall thereby be appointed the plaintiff do reconvey and transfer to the defendant the lands tenements and hereditaments comprised in the said Indenture of Mortgage free and clear of and from all en- cumbrances done by the plaintiff or by any person claiming by through or under him and do deliver up upon oath all PRECEDENTS IN EQUITY.


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