Does a promissory note become merged in the mortgage?
Saskatchewan, Canada
The following excerpt is from Northern Crown Bank v. Elford, 1917 CanLII 114 (SK CA):
It was contended by the appellant, on the authority of Commissioners of Stamps v. Hope [1891] A.C. 476; 60 L.J.P.C. 44, that the promissory note became merged in the mortgage.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a chattel mortgage need to be rescinded if the mortgagor is a tenant of a property where the mortgage was made prior to the tenant becoming a tenant? (Saskatchewan, Canada)
Does a purchaser of a mortgaged property have to indemnify the vendor against his personal liability to the vendor under a covenant to pay contained in the mortgage? (Saskatchewan, Canada)
Is a mortgagee who has made a loan on mortgage, but has not executed the mortgage deed, bound to give effect to a proviso that reduces the interest rate of interest on punctual payment? (Saskatchewan, Canada)
What is the test for a mortgage where after acquired lands are fully and specifically described as a subject of the mortgage? (Saskatchewan, Canada)
Can a mortgagee who has sold the mortgaged property be reinstated in his right to sue for the mortgage debt? (Saskatchewan, Canada)
Does a mortgagee have a right to sue for the proceeds of the mortgage if they have mortgaged the estate? (Saskatchewan, Canada)
Can a mortgagee sue the mortgagor on the basis that the mortgaged property is not in a condition in which it was when the mortgage was signed? (Saskatchewan, Canada)
Does the ademption of the remainder of the life estate of a deceased's will apply to a mortgage that was not adeemed? (Saskatchewan, Canada)
What is the difference between a mortgage and a guarantee? (Saskatchewan, Canada)
Is a plaintiff entitled to a registered ownership of a mortgage? (Saskatchewan, Canada)
