have the benefit of " cash discounts " of which the plaintiff had received the advantage in settlement with its vendors. After hearing. argument of counsel, the Court reserved judgment, and on a subsequent day delivered judgment (written reasons being delivered by Newcombe J., with GLTs, whom the other members of the Court concurred) dismissing the appeal with costs.
H. H. Parlee K.C. for the appellant.
H. R. Milner K.C. for the respondent.
THE
TRUSTS
AND
GUARANTEE
*May 1. IAPPELLANT;' *June 13. COMPANY LIMITED (PLAINTIFF)..
' AND
GEORGE HENRY McLEOD..........
(DEFENDANT); AND
WILLIAM BUXTON (DEFENDANT) .......
RESPONDENT. ON APPEAL FROM THE APPELLATE DIVISION OF THE SUPREME COURT OF ALBERTA
Limitation of actions-Mortgage-Transfer of land subject to mortgage- Liability of transferee to mortgagee under implied covenant under Land Titles Act, Alta., R.S.A., 1922, c. 133, s. 54-Period of limitation for bringing action-Limitation of Action Act, R.S.A., 1922, c. 90, s. 3; Real Property Limitation Act, 1874 (Imp.), c. 57, s. 8.
M., by mortgage under seal and registered, mortgaged land in the province .of Alberta to plaintiff, and subsequently, by transfer, not under seal, made pursuant to the Alberta Land Titles Act, and registered, transferred the land to B., who thereby became liable to plaintiff, under the covenant implied by virtue of s. 54 (1) of said Act, to pay the mortgage money.
More than six years (the period of limitation applicable to a simple contract debt) but less than years after registration of the transfer or any payment on account or written acknowledgment of liability by B., the plaintiff sued B. in Alberta for payment.
Held (reversing judgment of the Appellate Division, Alta., 23 Alta. L.R. 565) that B.'s liability to plaintiff was not statute barred. The period of limitation in Alberta for bringing action to recover money secured by mortgage made under the Alberta Land Titles Act is years. (Limitation of Action Act, R.S.A. 1922, c. 90, s. 3; Real Property Newcombe, Rinfret, Lamont and Smith JJ.
Statutes and regulations cited
-
Unresolved citations
- s. 54
- s. 3
- s. 8