The Canadian Law Times, Volume 7Carswell, 1887 From 1900 to 1908 includes the "Annual digest of Canadian cases ... decided in the Judicial Committee of the Privy Council, in the Supreme and Exchequer Courts of Canada, and in the courts of the provinces ... Edited by Edward B. Brown." |
From inside the book
Results 1-5 of 88
Page 4
... interest whatever to be disposed of or enjoyed ; the mere formality of making a conveyance is all that remains to be done . In the case of a person dying under liability to convey in pursuance of a written contract , the personal ...
... interest whatever to be disposed of or enjoyed ; the mere formality of making a conveyance is all that remains to be done . In the case of a person dying under liability to convey in pursuance of a written contract , the personal ...
Page 13
... interest in arrear ] upon the said lands , and by distress warrant , to recover by way of rent reserved , as in the case of a demise of the said lands , so much of such interest as shall be in arrear and unpaid , together with all costs ...
... interest in arrear ] upon the said lands , and by distress warrant , to recover by way of rent reserved , as in the case of a demise of the said lands , so much of such interest as shall be in arrear and unpaid , together with all costs ...
Page 14
... interest as rent . It was argued that that " by way of rent reserved " meant " as being rent reserved , " and that the interest was in fact rent when the whole scope of the mortgage was considered . But , after some conflict of opinion ...
... interest as rent . It was argued that that " by way of rent reserved " meant " as being rent reserved , " and that the interest was in fact rent when the whole scope of the mortgage was considered . But , after some conflict of opinion ...
Page 15
... interest . I have to confess my inability to read this as implying that a demise had before the default existed , under which the interest was the rent reserved . The language strikes me as negativing any such construction . When the ...
... interest . I have to confess my inability to read this as implying that a demise had before the default existed , under which the interest was the rent reserved . The language strikes me as negativing any such construction . When the ...
Page 16
that interest in arrear is to be considered as rent reserved , but that when interest in arrear is to be recovered , it is to be so recovered in the same way that rent reserved on a demise is to be recovered , namely , by distress . And ...
that interest in arrear is to be considered as rent reserved , but that when interest in arrear is to be recovered , it is to be so recovered in the same way that rent reserved on a demise is to be recovered , namely , by distress . And ...
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Common terms and phrases
acquired action affidavit agent agreement alleged amended amount application appointed assignment Aylesworth Bank bill Canada Temperance Canada Temperance Act certiorari Chancery Division charge claim constructive notice contract contractor conveyance costs County Court creditors damages debt debtor decision deed defendant defendant's dismissed dissenting Divisional Court Dominion election entitled equity of redemption evidence execution executors fee simple heirs Held High Court husband interest interpleader intestacy issue Judge judgment jurisdiction jury Justice land liability lien lis pendens magistrate Manitoba married woman MASTER IN CHAMBERS matter ment mortgage mortgagor motion Municipal notice Nova Scotia Ontario Osler owner paid Parliament of Canada party payable payment person plaintiff possession proceedings Province purchaser question railway recover refused respect respondent returning officer rule security for costs sell separate estate sheriff shew sold solicitor statute Supreme Court tion Toronto trial trustees writ
Popular passages
Page 306 - And the United States hereby renounce forever, any liberty heretofore enjoyed or claimed by the inhabitants thereof, to take, dry, or cure fish on. or within three marine miles of any of the coasts, bays, creeks, or harbours of his Britannic Majesty's dominions in America...
Page 289 - The Administration of Justice in the Province, including the Constitution, Maintenance and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction, and including Procedure in Civil Matters in those Courts.
Page 94 - Any carrier or party liable on account of loss of or damage to any of said property shall have the full benefit of any insurance that may have been effected upon or on account of said property...
Page 333 - And be it enacted, that if any person being married, shall marry any other person during the life of the former husband or wife, whether the second marriage shall have taken place in England or elsewhere, every such offender, and every person counselling, aiding, or abetting such offender, shall be guilty of felony...
Page 282 - It shall be lawful for the Queen, by and with the Advice and Consent of the Senate and House of Commons, to make Laws for the Peace, Order, and good Government of Canada, in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces...
Page 129 - Any change material to the risk, and within the control or knowledge of the assured, shall avoid the policy as to the part affected thereby, unless the change is promptly notified in writing to the company or its local agent...
Page 288 - Such Works as, although wholly situate within the Province, are before or after their Execution declared by the Parliament of Canada to be for the general advantage of Canada or for the Advantage of Two or more of the Provinces.
Page 329 - Under these circumstances, it is certainly to be presumed, in the absence of anything to the contrary, that the terms were regularly called and held.
Page 276 - Britain ; and that in all matters of controversy relative to property and civil rights resort shall be had to the laws of Canada as the rule for the decision of the same...