The Ontario Digest (1901-5); The Cases Reported in Volumes 1-10 Ontario Law Reports, 7-9 Exchequer Court of Canada Reports, 30-36 Supreme Court of Can (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. 1906 edition. Excerpt: ...Gaston et al. (1901), 1 O.L.R. 240. Power of Sale--Notice of ExercisingSufiioiency--Service--Persons Entitled to Notice---Agent--Registration of N otice--Statutes.--ln an action brought by the purchaser on a contract for the sale and purchase of land there was a decree for specific performance and a reference as to title, upon which it appeared that the vendor was professing to sell under the power of sale contained in a mortgage. The notice of sale was addressed to the mortgagor, then resident abroad, G.A.M. (as his agent), EM. and W.M., J.M. and J.A., and said: "I, C.W., hereby give you notice, etc. It was dated and signed by the solicitor for the mortgagee: --Held, that on its face it was a sufficient notice. It was shewn that G.A.M. was acting generally as agent of the mortgagor in respect of the mortgaged lands and other matters. The agent accepted service for the mortgagor, saying in his acceptance that he was the mortgagor s agentjn Canada for the mortgaged property. This notice was forwarded by the agent to the mortgagor and received by him in due-time, and he never made any objection to it or to the service: ---Held, that the service was effective. J.M. and J.A. were subsequent mortgagees who had assigned their mortgages to G.A.M., who accepted service of the notice for them, saying in his acceptance that he was the assignee of their mortgages. The assignment to him was not registered: Held, that J.M. and J.A. were not entitled to notice. The notice was not served upon EM. and W.M., but the evidence shewed that their mortgage was paid and satisfied: H eld, that they were not entitled to notice. Held, also, that the notice was a good notice to G.A.M. in respect of all claims that he might have or profess to have in...