Is a mortgage that was under seal a mortgage?
Alberta, Canada
The following excerpt is from Central Trust Co. v. Milchem, 1986 CanLII 1917 (AB QB):
In Slaven v. Balfour (1890), 1890 CanLII 70 (SCC), 18 S.C.R. 472, the defendant had given a mortgage to the plaintiff. It is not clear whether it was under seal. However, the decision is still instructive. The defendant held the land as trustee for a syndicate. The plaintiff claimed against both the defendant and other syndicate members.
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