The Saskatchewan Law Reports Volume 1

The Saskatchewan Law Reports Volume 1

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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. 1909 edition. Excerpt: ... cover the other 160 acres claimed as a homestead as well, but notwithstanding that fact, the entire amount of each mortgage was chargeable against the 320 acres not exempt and was an encumbrance thereon. And as the Ordinance specific"-11y states that this surplus land available for execution creditors was to be subject to the encumbrances, I am of opinion that the claims of the execution creditors must be confined to the surplus proceeds if any, of the sale of the non exempt 320 acres after payment of the Purdy and Fairchildl mortgages. These two mortgages together with the plaintiff P1irdy's costs amounted to some $7,900. There is no specific evidence as to the value of the two quarter sections which were not exempt. The whole 480 acres, however, sold for $3,500 The evidence before the Court as to the respective values of the quarter section claimed as a homestead and the other two quarter sections is an afiidavit by Colton filed in support of his claim to have the south-west quarter declared exempt, in which he swears that the value of this quarter section and the buildings thereon was $4,000. This is the only evidence but I am satisfied that the proceeds of the two quarter sections not exempt were not sufiicient to satisfy the Purdy and Fairchild mortgages and that being so there is nothing to which the claims of execution creditors could attach. This case seems to me to come within what was laid down by the Supreme Court of the North-West Territories en banc: In re Demaurez, 5 T.L.R. 84. In that case it was held on the sale of land under order of the Court part of which was exempt from seizure under executions and part not and the whole subject to two mortgages, that the debtor as against his execution creditors more

Product details

  • Paperback | 200 pages
  • 189 x 246 x 11mm | 367g
  • United States
  • English
  • black & white illustrations
  • 123691189X
  • 9781236911896