What is the test for a plaintiff to sue for the purchase money of a property where he has procured a conveyance from his wife and discharges two mortgages?
Saskatchewan, Canada
The following excerpt is from Hagen v. Ferris, 1915 CanLII 192 (SK QB):
In giving judgment, Mathers, C.J., said:—“Since the action was begun, the plaintiff has procured a conveyance from his wife and has procured discharges of the two last-mentioned mortgages. His title is now complete, but his right to bring this action must be tried by the condition of his title at the time it was commenced. If he had then no title, or no right to compel a title, he had no right to sue for the purchase money (Hartt v. Wishard, 18 M.L.R. 376).”
"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 subsequent purchaser of the legal estate have to pay the full consideration of the purchase, even after the purchase was completed, if the subsequent purchaser has paid the entire amount of consideration, even though the previous purchaser had a prior equitable interest in the property? (Saskatchewan, Canada)
What action does a mortgagee in purchasing the mortgaged property at a tax sale place him in the position of holding the title, which he subsequently procures, subject to the right of the mortgagor to redeem? (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)
Can a property owner be held liable for failing to disclose to the purchaser that he had a water issue with his property? (Saskatchewan, Canada)
Can a puisne mortgagee purchase a mortgaged property? (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)
Is an owner of a property entitled to make a sale of the property himself notwithstanding that he has listed the property with an agent? (Saskatchewan, Canada)
Can a mortgagee who has sold the mortgaged property be reinstated in his right to sue for the mortgage debt? (Saskatchewan, Canada)
What is the effect of an agreement where an agent is required to pay a commission to a potential buyer of a property if the property is purchased directly or indirectly? (Saskatchewan, Canada)
Does a purchaser of a property have to give up possession of the property to make a repudiation effective? (Saskatchewan, Canada)
