Orders made upon certain allegations to be conclusive evidence
43 Orders made upon certain allegations to be conclusive evidence
Where a vesting order has been made as to any land under this Act, or under any Act relating to lunacy, founded on an allegation of the infancy or personal incapacity of a trustee, representative or mortgagee, or on an allegation that a trustee or the heir or representative or devisee of a mortgagee is out of the jurisdiction of the Supreme Court, or cannot be found, or that it is uncertain which of several trustees or which of several devisees of a mortgagee was the survivor, or whether the last trustee, or the heir or representative or last surviving devisee of a mortgagee, is living or dead, or on an allegation that any trustee or mortgagee has died intestate without an heir, or has died and it is not known who is his heir or representative or devisee, the fact that the order has been so made shall be conclusive evidence of the fact alleged in any Court upon any question as to the validity of the order; but this section shall not prevent the Supreme Court from directing a reconveyance, or a redisposition of any contingent right, or the payment of costs occasioned by any such order if improperly obtained.
Payment into Court by trustees and mortgagees
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