Guettler v. Canadian International Paper Co.

of such a character as to imply invention in the pertinent GUETLE sense.

V."

The appeal should be dismissed with costs."

THE COLONIAL INVESTMENT AND

*May 1, 2.

LOAN COMPANY (PLAINTIFF) .......

PPELLANT; *June

AND

HARRY JAMES MARTIN (DEFENDANT).. RESPONDENT. ON APPEAL FROM THE APPEAL MANITOBA Limitation of actions-Mortgage-Action in.Manitoba to recover money secured by mortgage-Real Property Limitation Act, Man. (R.S.M. 1918, c. 116), s. 24 (1)-Application of s. 24 (1) in favour of person who joined with mortgagor in personal covenant-Surety-Mortgaged land situate outside of province.

The limitation of ten years imposed by s. 24 (1) of the Manitoba Real Property Limitation Act (R.S.M. 1913, c. 116) to an action to recover money secured by mortgage applies to the personal remedy on the covenant in the mortgage deed as well as to the remedy against the land (Sutton v. Sutton, 22 Ch. D. 511, followed); and it applies in favour of a person, not a surety, who has joined with the mortgagor in the personal covenant; (Quaere, whether or not it applies to the personal obligation entered into by a surety for the mortgagor. In the case in question it was held that, on construction of the mortgage agreement, the defendant had not entered into it as a surety but had assumed a personal obligation to the mortgagee to repay the loan); and it applies whether the land charged be within the province of Manitoba or elsewhere.

Judgment of the Court of Appeal of Manitoba (37 Man. R. 215) affirmed. APPEAL by the plaintiff from the judgment of the Court of Appeal of Manitoba (1) affirming the judgment Curran J. (2) dismissing the plaintiff's action to recover from the defendant the amount alleged to be owing under CJ.C. and Duff, Mignault, Rinfret and Smith JJ. (1) Man. R. 215;

2 W.W.R. W.W.R. 245.