Thereupon this action was brought to have the mortgage rectified, and to restrain the said Charles Cogswell n from levying upon or selling the said undivided sixth . parts.
The Chief Justice, before whom the action was tried, gave judgment in favour of the defendants upon the ground that the defendant, Charles Cogswell, had by the registry of his judgment acquired a legal lien upon these lands at the date of such registry.
The plaintiffs appealed and the appeal was heard before the Chief Justice, Mr. Justice Weatherbe and Mr. Justice Townshend.
Mr. Justice Townshend delivered a judgment dismissing the appeal, which was concurred in by the Chief Justice. Mr. Justice Weatherbe delivered a dissenting judgment.
From this judgment of the Supreme Court of Nova Scotia the present appeal is taken.
Borden Q.C. for the appellants referred to Eyre v. SIR W. J. C.J.-The statute upon which this case depends is chapter 84 of the Revised Statutes of Nova Scotia, 5th series, the material sections which are the following
By section of the said act it is enacted as follows: Section 18 of said act enacts as follows:
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Statutes and regulations cited
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Unresolved citations
- Section 18