Faustmann v Shadrick and Another [1910] ZAHCORC 12 (2 May 1910)

Provisional sentence.-Mortgage bond.-Cancellation of transfer deed

Where B had successfully sued A in a previous action for rescission of a contract and cancellation of the transfer of the farm C on the ground of duress, and a clean title had been issued to B, and the bond which had been passed in the name of F after transfer to A and prior to the action referred to remained uncancelled on the Land Register in A's name, on a provisional claim brought by F against A and B, provisional sentence was granted against A, and the property specially hypothecated declared executable, execution not to issue until the 15th July, 1910, so as to enable P to bring her action to have the bond set aside, the said action to be brought to trial during the next term, with costs against A, the costs of B to be costs in the cause if the case went to trial. If no further proceedings were taken by B, F ordered to pay costs of the day, the ground that B should not have been sued provisionally.