The Code of Civil Procedure of Lower Canada; Together with the Amendments Thereto Made Since Its Promulgation - The Authorities, as Reported by the Com (English, French, Paperback)

Ce livre historique peut contenir de nombreuses coquilles et du texte manquant. Les acheteurs peuvent generalement telecharger une copie gratuite scannee du livre original (sans les coquilles) aupres de l'editeur. Non reference. Non illustre. 1886 edition. Extrait: ...the circumstances, therefore, the defendant could oppose no legal title to the action. Loranger v. Boudreau et ux. 9 L. C. R. 385, Q. B. 1859. 3. And in a similar case--Held, that the sale under execution of an immoveable extinguishes all right of property, except when the proprietor is in possession at the time of the adjudication pro non domino. Patton v. Morin, 16 L. C. R. 267, Q. B. 4. And held, also, that to preserve his rights the proprietor, if not in possession at the time of such sale, must oppose it in the ordinary manner, or otherwise he is, by the effect of the sale, purged of all his rights thereto. Ibid, 712. A purchaser who cannot obtain the delivery of the property from the judgment debtor, must demand it of the sheriff, and upon the sheriff's return or certificate of the refusal to deliver, the purchaser may apply to the court by petition, of which the debtor has received notice, and obtain an order commanding the sheriff to dispossess the debtor, and to put the purchaser in possession, without prejudice to the recourse of the latter against the debtor, for all damages and costs resulting from his refusal. C. S. L. C. c. 85, s. 27. 1. To obtain an order for a writ of possession for an adjudicataire there must be a return by the sheriff that he has not, and cannot, put him in possession. Reinhardt v. Hausseman, 3 Rev. de Leg. 473, K. B. 1821. 2. The purchaser cannot obtain a writ of possession before he has paid the price, and he must give notice of his petition to the defendant. Convey v. Smiley, Carpenter, 4 Q. L. R. 183, S. C. 1878. 3. A purchaser may obtain a writ of possession after the expiry of a year and a day from the date of the adjudication, provided he...