Dominion Law Reports Volume 27 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ... JJ.A. April 6, 1916. 1. VENDOR AND PURCHASER ( I C----13)--COVENAN1' malnsr sneer sa.mcr: s--Enracr or Tosmsns TITLE---SUBSEQUENT DISCOVERY OF rsxss. An agreement to convey land by a. transfer under the Torrens system (Real Property Act, R.S.M. 1913, ch. 171), free from all encumbrances, obligates the vendor to make good for taxes outstanding_a.ga1n5t the land under the Land Drains. e Act, though not discovered until after the trans fer has been complete. _.. Midgley v. Coppock, 4 Ex. D. 309, followed. Review of authorities A certificate of title issued under the Torrens system (R6111 P1 Pe" Act, R.S.M. 1913, ch. 171) does not operate as a merger nor as acc9l'l and satisfaction of the liability under the original agreement to five m e free of all encumbrances. APPEAL by defendant from a judgment of the County C0111 t in favour of plaintiff in an action for breach of covenant flgfllnst encumbrances. Affirmed. F. K. Hamilton and H. Mackenzie, for appellant, defendant" W. H. Curie, for respondent, plaintiff. The judgment of the Court was delivered by CAMERON, J.A.: --By an agreement in writing, dated January 17, 1913, the defendants agreed to sell to the plaintiff the lalldS in question for the sum of $1,920, payable as follows: $480 upon the execution of the agreement and the balance as soon as a Torrens title, free of any and all encumbrances of any hull can be delivered to the Citizens Bank at Decatur, Illinois, said title to be dehve not later than March 1, 1913. The agreement contains the further provision that In consideration whereof and on payment of all sums due hereund said and the surrender of this agreement, the vendors agree to Convey the 5m er as afore lands to the purchaser by a...