South Australian Current Acts South Australian Current Acts46—Vesting order in place of conveyance by devisee of mortgagee
Where a mortgagee of land has died without having entered into possession or
into the receipt of the rents and profits thereof, and the money due in
respect of the mortgage has been paid to a person entitled to receive the
same, or such person consents to an order for the reconveyance of the land,
the court may make an order vesting the land in such person or persons in such
manner and for such estate as the court may direct in any of the following
cases, namely:
(a)
Where the representative or devisee of the mortgagee is out of the
jurisdiction of the court, or cannot be found: and
(b)
Where the representative or devisee of the mortgagee, on demand made by or on
behalf of a person entitled to require a conveyance of the land, has stated in
writing that he will not convey the same, or does not convey the same for
twenty-eight days next after a proper instrument conveying the land has been
tendered to him by or on behalf of the person so entitled: and
(c)
Where it is uncertain which of several devisees of the mortgagee, was the
survivor: and
(d)
Where it is uncertain as to the survivor of several devisees of the mortgagee,
or as to the representative of the mortgagee, whether he is living or dead:
and
(e)
Where there is no representative of a mortgagee who has died intestate as to
the land, or where the mortgagee has died and it is uncertain who is his
representative or devisee.