What is the incumbrance of a mortgage?
Saskatchewan, Canada
The following excerpt is from Imperial Elevator & Co v. Olive, 1914 CanLII 296 (SK CA):
In Shore v. Weber, 1913 CanLII 114 (SK QB), 11 D.L.R. 148, there is the following:— The incumbrance on the face of it shews that it was given for a debt due fey the defendant to the plaintiff. Being given to secure payment of a debt, it is in effect a 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 mortgagee have a right to sue for the proceeds of the mortgage if they have mortgaged the estate? (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)
Does a chattel mortgage need to be rescinded if the mortgagor is a tenant of a property where the mortgage was made prior to the tenant becoming a tenant?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)
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 test for a mortgage where after acquired lands are fully and specifically described as a subject of the mortgage? (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)
When will a registrar refuse to register a mortgage or a caveat for a patent which is not of record in his office? (Saskatchewan, Canada)
