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).”

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