those provided for in the Land Titles Act.
By no other means could money be secured by mortgage on Alberta lands. The legislature, therefore, in enacting the section must have contemplated its application, so far as actions on mortgages are concerned, to the statutory mortgage of the Land Titles Act. The legislature, having jurisdiction to fix the period within which a mortgage debt shall become statute barred and having fixed it at twelve years, reference to other considerations is rendered unnecessary..
As an action on the mortgage in question may be brought against the mortgagor, McLeod, within twelve years from payment or acknowledgment in writing, an action, in my opinion, may be brought on the implied covenant in s.
54 within the same time.
I would allow the appeal with costs; set aside the judgment below, and enter judgment for the plaintiff, with costs.
the judgment of D. A. McDonald J., dismissed with costs their action against the defendant for damages for destruction of their building and contents thereof through fire, which, they alleged, originated in defendant's building through defendant's negligence. The material facts of the case are set out in the judgment of the
Court
Appeal (2).
S.C.R.]