MORTGAGEE, prior, liable for whole amount of interest to subsequent mortgagée, 91. barred, not having taken possession or recovered interest for twenty barred of his remedy on covenant; 95.- as to foreclosure, 95. accounts before Master, 102. usual account, 308, 309. rents, 102. cases decided, 102. responsible for property held in pledge, 99. whether bar created is defeated by mortgagee having kept account of more than one acknowledgment of, only binds the one giving, 100. only binds the part of the land in possession of him who gives acknow- out of possession, 101. retains possession after being paid in full, 101. acknowledgment of one of two bound to account for timber, 101. as to accounts before Master, 101. time to bring action, 102. ten years from last payment of interest, 102, 103. MORTGAGOR, possession of, 27. not a tenant at will, 41. interest of, after default not more than that of tenant by sufferance, 41. time limited to ten years, 93. what he takes under an acknowledgment, 100. acknowledgment of one of two joint mortgagees, 101. time to bring action, 102. ten years from last payment, 102. not to bring action but within ten years after mortgagee obtained posses- sion, 93. interest recoverable by, 88. case of Ford v. Allen commented on, 88. NEW ENTRY, what constitutes, 39. NOTICE TO QUIT, at least half year's notice, 37. three months' notice, &c., 37. determination of lease by, 37. how far registration would be notice, 156, 157. case of Gilleland v. Wadsworth, 156, 157. of fraud requisite, 155. POSSESSION, recovery of, 18. must be proved by clear and positive evidence, 19. practice for recovery of, 19. definition of, 23. right not barred unless some person is in, 24. owner out of, for twenty years, 24. question of, seems to have been decided according to each case, 24. payment of taxes as to, 24. among relatives, 24. by maniac, 25. by relatives, 26. by caretaker, 26. by servant, 26. by mortgagor, 26. with regard to wild lands, 28. continuous, 30. tenant at will, 30. of tenancy at will, 40. cases cited as to, 32. no new right accrues to owner of future estate on his coming into, 53. how far it holds good, 60, 61. before patent, 63. as against the Crown, 63. of one of several co-parceners not possession of others, 66. by relation of heir does not hold the land, 68. prior state of law, 68, 69. of widow, 71. acknowledgment of, sufficient, 72. where two persons are in possession of land, the law adjudges it to be the PRACTICE, in recovering possession, 19. PREAMBLE, of Real Property Limitation Act, 8. of 38 Vic. cap. 16,..11. of 3 & 4 Will. IV. cap. 27,..11. PRESCRIPTION, what it is, 3. history of different, 4. no extinctive prescription, 5. profit à prendre must be claimed by, 165. proper, 174. against the Crown, 182. subject matter of section 84,.. .182. PRESCRIPTION ACT, section 34,..282. where taken from, 182. preamble of Imperial Act, 183. Lower Canada Civil Code as to, 183. origin of, 183, 184. years next before action, section 37,..250. section 37, noted, 250, 251, 252, 253, 254, 255. section 38, as to pleadings, 255, noted, 256, 257, 258, 259, 260, 261. section 39,..261. section 39, noted, 261, 262, 263. section 40, as to disabilities, 263. section 40, noted, 263, 264. section 41, time of enjoyment excluded in the computation of forty years, 264. section 41, notes on, 265, 266, 267, 268. section 42, as to land not surveyed, 268, 269. PRESCRIPTIVE RIGHTS, how lost, 179. PRESUMPTION, of death, 276, 277. PRIVACY, no action maintainable for disturbing a man's privacy by windows, 242. PROCESS, avoidance by, 18. PROTECTOR, definition of, 135. owner of first existing estate prior to estate tail to be, 135. PURCHASER, without notice of fraud, not liable, 155. not assisting in fraud, 155. bona fide, 155. owner of land not able to bring an action against, 155. QUARRIES, within the Act, 10. QUIETING OF TITLES ACT, petition under, 31. filing of petitions under, does not stay Statute, 18. REAL PROPERTY LIMITATION ACT, preamble of, 8. RECEIPT OF RENT, is receipt of profits, 81, RECEIVERS, appointment of, not such an interruption as will prevent an indefeasible interpretation of, 9, 10, 11, 21. rent-seck, 12. distress for, 11, 12. of assize, 12. fee farm rent, 13. non-payment of, 33. letting at an annual, 33. admissions of payment, 34. circumstances of payment, 34, 36. receipt of, by wife creates tenancy from year to year, 35. tenancy for two years at once, 37. receipt of, to be receipt of the profits of land, 81. lease voidable, 81. when formal demand for rent necessary, 81. cases with regard to, 82. rights to rents extinguished, 86. non-receipt of, 21. how Statute to be construed, 23, to cut turf, 191. RIPARIAN PROPRIETORS, use of water, 219. reasonable use of water for manufacturing purposes, 220. RULE, that Statute of Limitations does not bar trust estate, 48. SALES, of equity of redemption, 100. SECTIONS, ܂ section 8,..58. section 9,..62. section 10,..64. section 11,..66. section 12,..68. section 13,..70. section 14,..81. section 15,..82. section 16,..86. section 17,..87. section 18,..91. section 19,..93. section 20,..99. section 21,..100. section 24, .127. sub-section 3 of section 5,..27. sub-section 7 of section 5,..37, 88. sub-section 11 of section 5,..47. sub section 2 of section 6,..51. SECURITY FOR COSTS, SEISIN, what it is, 59. sufficient to give wife dower, 5 .. SELBORNE, Lord, on sections 6 & 24,..49, 50, 122. |