Morse v. Kizer

Morse v. Kizer

Majority held that a mortgagee who registers a mortgage with actual notice of an outstanding judgment takes subject to the rights of the judgment-creditor; equity prevents obtaining priority by registration when there was prior actual notice and the Registry Act does not protect such a mortgagee, so the judgment had priority.

Citation
(1919) 59 SCR 1
Parties
Appellant (defendant): Herman C. Morse; Respondent (plaintiff): Amos D. Kizer
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
6 May 1919
Procedural Posture
Civil Appeal (property/registration Priority) / Appeal to the Supreme Court of Canada From the Supreme Court of Nova Scotia
Outcome
Appeal dismissed; judgment of the Supreme Court of Nova Scotia affirmed
Legal Topics
Priority of Mortgage Vs Judgment, Registration of Mortgages and Judgments, Notice and Its Effect on Priority, Interpretation of Registry Act
Source Language
English
Property Law Registry Law Equity Priority of Mortgage Vs Judgment Registration of Mortgages and Judgments Notice and Its Effect on Priority Interpretation of Registry Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Herman C. Morse

Appellant (defendant)

Amos D. Kizer

Respondent (plaintiff)

Procedural Posture

Civil Appeal (property/registration Priority) / Appeal to the Supreme Court of Canada From the Supreme Court of Nova Scotia

Legal Issues

  1. 1 Whether a mortgagee who registers a mortgage after having actual notice of a judgment obtains priority over the judgment-creditor
  2. 2 Whether an unregistered judgment affects title to land prior to registration under the R.S.N.S. Registry Act
  3. 3 Construction and effect of sections 15 and 16 of the R.S.N.S., 1900, c.137 (Registry Act)

Ratio Decidendi

Majority held that a mortgagee who registers a mortgage with actual notice of an outstanding judgment takes subject to the rights of the judgment-creditor; equity prevents obtaining priority by registration when there was prior actual notice and the Registry Act does not protect such a mortgagee, so the judgment had priority.

Court Disposition

Appeal dismissed; judgment of the Supreme Court of Nova Scotia affirmed

Orders

  • Appeal dismissed with costs
  • Order declaring plaintiff's judgment has priority over defendant's mortgage on the specified land