Can a mortgagee who buys land from a tax purchaser who is not a mortgagor set up as an absolute purchaser of the land as if he had purchased from a stranger?
Ontario, Canada
The following excerpt is from McLean v. Wilkins, 1887 CanLII 18 (ON CA):
In Kelly v. Macklem, 14 Gr. 29, the defendant being a mortgagee of land which had been sold for taxes subsequent to the mortgage, bought it from the tax purchaser representing that he was interested in the land as mortgagee, putting that forward as a ground for being allowed to buy, and using the word “redemption” in speaking of his purchase. He was held to be precluded from setting up against the mortgagor a title as absolute purchaser, because having purchased as mortgagee, and having made his interest in the land as such a ground for being allowed to buy he could not set up a right to hold as if he had purchased from a stranger.
"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
Is a mortgagee entitled to be indemnified for the costs incurred to respond to a default by the mortgagee? (Ontario, Canada)
Does a mortgage which was not executed by the mortgagees have to be signed by the mortgagor? (Ontario, Canada)
What is absolute privilege and what is the test for absolute privilege? (Ontario, Canada)
What statutory declaration warrants the absolute truth of the statement and changes the warranty in the agreement of purchase and sale? (Ontario, Canada)
In what circumstances will a purchaser receive an abatement of the purchase price of a house where the area was estimated to be less than he supposed? (Ontario, Canada)
When is a purchaser's right to remove timber from a building if the purchaser has a right to enter and remove the timber? (Ontario, Canada)
Does a manufacturer’s conduct in the course of business, in the context of an examination of a motor vehicle, constitute a duty of sale to the purchaser of the vehicle at the time of purchase? (Ontario, Canada)
Can a purchaser who purchased from the person who entered into a will claim a higher position than the remainderman? (Ontario, Canada)
Is it unreasonable for a purchaser not to sell their shares at the time they were induced into a purchase agreement? (Ontario, Canada)
Does a mortgagee have to have given notice to a mortgagor that they intend to treat him as a tenant? (Ontario, Canada)
