Is a lien for unpaid purchase-money a charge upon the land?

Saskatchewan, Canada


The following excerpt is from Lemcke v. Newlove, 1926 CanLII 171 (SK CA):

In the absence of a judicial decree declaring the plaintiffs’ lien for unpaid purchase-money a charge upon the land, it would seem to me that a sale of the land cannot be directed. Most probably the declaration was omitted by an oversight, in which case the omission may be rectified on petition (under our practice, on motion). Heriot v. L.C. & D. Ry., 16 L.T. 473.

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