Judgment of the Court
is a motion to quash an appeal from the Court of King's Bench, appeal side, Quebec, for want of jurisdiction.
The respondent company, appellant in the court below, bought from the company, now appellant, several lots of land with a clause in the deed of sale guaranteeing that they were free from certain incumbrances.
The words are that the property is sold The action is brought to have it declared that the purchaser, respondent, is not obliged to pay the instalment of its purchase price, now due, until another mortgage, which appears in the registrar's certificate, is discharged.
The defendant, appellant, contends that this latter 'mortgage did not really affect the property, and on that point the controversy turned below. Our jurisdiction is dependent upon the amount of the demand or the nature of the action.
Here there is no amount demanded and the matter in controversy does not come within section 46, sub-sections b or c of the "Supreme Court Act."
The only question in dispute is as to the fulfilment of the vendor's obligation to deliver to the respondent a property free from a mortgage other than the one mentioned in the deed. Vide Carrier v. Sirois(1).
I am of opinion that the motion should be granted with costs.
J. was not present at the delivery of the judgment and took no part therein.
Appeal quashed with costs.
Statutes and regulations cited
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Unresolved citations
- section 46