Her
FORGED MORTGAGE
ALLEGATION
THAT TWO MORTGAGES FOR | Village, Shun Tak District. He was $55,000 AND $5,000 PURPORTING TO in business in Mauritius for 40 years HAVE BEEN EXECUTED BY THE as a grocer and before his retirement THREE JOINT OWNERS OF PRO- in 1920 had visited South China, in-
PERTY IN DES VOEUX ROAD CEN-
TRAL WERE FORGERIES, AND WERE. NULL AND VOID, WAS CLAIMED BY MR. ELDON POTTER, | K.C. ON BEHALF OF THE OWNERS AT THE SUPREME COURT THIS MORNING.
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the
His last visit before retirement was in 1924 when he stayed for three years in his village, and occasionally visited Hong Kong. Whilst in Colony he invariably stayed at the Kwong Fook Shing firm, No. 300, D Plaintiffs were Chan Fui-hing, Chan Voeux Road Central which was own- Shik-tin and Chan Kwok-nin and theyed by a clansman. asked the Court (1) for a declaration In May, 1925, when he was on one that the two mortgages were forger- of his occasional visits, it was sug- tes (2) a declaration that defendant gested that it would be a good invest- had no right in nor was entitled to ment if he purchased Inland Not No. the property; (3) rectification of the 1828. He considered the proposition Register of the Land Office; (4) an ac-
but found it impossible to buy the lot $110,000. count of all rents and profits relat-alone as it cost too much - ing to the property and received by Eventually it was agreed that he and the third plaintiff should each buy a the defendant since he entered into
share. Third plaintiff's father was possession; and (5) an injunction
originally the owner of the property against defendant from collecting or
and it was held in trust. At the time receiving the rents or otherwise act-
of the purchase, third plaintiff was ing as mortgagee of the property.
entitled to a share of the estate.
The rents were collected by the
Mr. Eldon Potter, K.C., and the flon. Mr. Leo D'Almada, instructed Kwong Fook Shing firm which also by Mr. C. D'Almada, are for the plain-kept the title deeds. They had been tiffs. Defendant is represented by Mr. H. G. Sheldon, K.C, and Mr. H. doing this for years because the father of third plaintiff had been also a C. Macnamara, instructed by Mr. M.partner of the firm,
M. Watson.
In 1933, the firm closed down and Mr. Potter said the mortgages were
rents were collected by Chan Shui- alleged to have been made on October wa, a clansman, of the third plain- 29, 1937 and November 2, 1938 and tiff, who accounted for the amounts were for $55,000 and $5,000 respective-annually and remitted the proceeds. Iy.
First plaintiff is held in high esteem by his village, and was entrusted with the ancestral funds from 1929. There was no reason for him to
In the statement of defence, there ras no allegation of fraud in any shape or form, nor was there any sug-
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gestion that plaintiffs had. authorised execute the mortgage with the Over-LAST 4 TIMES TO-DAY•
some other person to sign the deeds. The defence was to put, plaintiffs to the proof of all the allegations in the statement of claim, and pleaded that inasmuch as a mortgage had been made to the Overseas Bank in 1925 for banking facilities, the defendant, as an equity, was entitled to relief to the extent which he had paid in res- pect of it. In ordinary circumstances, said Mr. Potter, defendant was per- fectly entitled to such relief, but his case was that the Overseas Bank mort- gage was also a forgery,
Continuing, Mr. Potter said his clients were owners, in equal, share, of Inland Lot No. 1828 on which were two houses, No. 300, Des Voeux Boad Central and No. 92, Wing Lok Street, The premises adjoined. The date of purchase, so far as first and third plaintiffs were concerned, was May 30, 1935; the second plaintiff acquired his share on November 29, 1937.
The first plaintiff was 69 years of age and was a native of Sha Kau
|
seas Banking Corporation. At the time of the alleged mortgage, plain- tiff was not in the Colony. On out- break of the Sino-Japanese trouble, it was deemed advisable by the vil- lagers to form a committee, to pur- chase and store rice before the post- tion became acute. Plaintiff was appointed principal treasurer and it would be shown that on the material day he was in the village and signed receipts for amounts collected. also denied that the signatures the mortgage were his.
He
on
On the date of the second mortgage, he says he was in the village distri- buting rice
as the Japanese had already invaded the adjoining tricts. He had to escape from village.
dis-
the
of
Second plaintiff was manager, the Kwong Fook Shing firm for six He years prior to its closing down. had previously purchased a share of the Company.
(Continued on Page 14)
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