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
The following excerpt is from Imperial Elevator & Co v. Olive, 1914 CanLII 296 (SK CA):
With deference to the opinion expressed by the learned trial Judge as to the effect of Gaar Scott v. Guigere, supra, that case, as I understand it, is simply authority for the proposition that where there is presented to the registrar for registration a mortgage or a caveat founded thereon affecting lands, the patent for which is not of record in his office, the registrar is entitled to refuse to register the mortgage or file the caveat unless the applicant first satisfies him by affidavit in the proper form that the mortgagor is entitled to create the mortgage; and, in that case, there being no evidence either that such an affidavit had been made or that the mortgagor had been recommended for patent, the land being the homestead of the mortgagor under the Dominion Lands Act, the registrar should have refused to file the caveat.
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