What is the effect of a default on a personal representative?
Saskatchewan, Canada
The following excerpt is from Proposed Action Between Hudson's Bay Company (Re), 1940 CanLII 144 (SK QB):
But immediately following that citation appears the case of Aylward v. Lewis [1891] 2 Ch. 81, 64 L.T. 250, with this comment: “The defendant made default, and judgment for foreclosure nisi was made against him; after certificate made, he died insolvent and without a personal representative. His brother was appointed to represent his estate hereunder, but on motion for foreclosure absolute against the brother so added, North, J., not being satisfied that a person, who had not got the mortgagor’s estate to pay with, properly represented such an estate in such an action, declined to make the order.”
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