GRAHAM PAUL, J.
The claim in this suit was to set aside a sale made by the first defendants G. B. Ollivant and Co., Ltd. As Mortgagee-Vendors to the second defendant, one Fred Khoury, of certain land at Nsawam under the power of sale in a Deed of Mortgage granted by the plaintiff to the first defendants; and for redemption.
The ground upon which the claim was based was that the sale was effected without one calendar month's previous notice being given to the plaintiff of the intention to exercise the power of sale as stipulated in the Deed of Mortgage.
The claim in the original writ was later amended by the addition of an alternative claim as against the first defendants, only, for £300 damages for wrongful sale.
At the close of the plaintiff's case, in view of the usual clause in the Deed of Mortgage protecting purchasers at a sale under the power of sale, the plaintiff was non-suited in regard to the second defendant with costs and there is no appeal before us as regards the second …