Reports of the Supreme Court of the North-West Territories; 1889[-1898] Volume 1

Reports of the Supreme Court of the North-West Territories; 1889[-1898] Volume 1

List price: US$25.14

Currently unavailable

Add to wishlist

AbeBooks may have this title (opens in new window).

Try AbeBooks

Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889 edition. Excerpt: ...Register, and from and after the delivery of the copy of the writ or other process and memorandum to the Registrar the same shall operate as a caveat against the transfer by the owner of the land mentioned in such memorandum. N ow Claxton we will assume had made a homestead entry under " The Dominion Lands Act " but no patent had issued to him; Fi fa executions were issued against him and placed in the Sheriffs hands. The Sheriff could not M/re the land in execution because the sub section of the Dominion L-ands Act before referred to prevented him doing so, butI see nothingin the intentionor spirit of the Acts taking "The Dominion Lands Act " and "The Territories Real Property Act " together to prevent his (lclivering to the Registrar a copy of the execution and a memorandum' under sec. 94 of " The. Territories Real Property Act " specifying the lands Claxton had so entered for as intended to be charged, always subject to this, that the Sherifi'1nay do so at his own risk for if he charges lands or casts a cloud upon the title to land which is exempt from sci'/.ure, he may be put to damages if any damage is caused, or he may have to pay the costs of proceedings to have the cloud removed. The Sheriff in this case did deliver a copy of the writ and a memorandum charging the land in question to the Registrar. This by virtue of the section of the Act before referred to operated as a caveat against the transfer by the owner of the land. All the Registrar could do however was to file the documents because the title had not been registered. After this was done, the patent having issued, it became the duty of the Registrar to register it and grant a Certificate of Title. I do not...show more

Product details

  • Paperback | 136 pages
  • 189 x 246 x 7mm | 254g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236795237
  • 9781236795236