Welsh v. Popham

Welsh v. Popham

Sections 54 and 55 of the Land Titles Act must be read in light of s.179 so that they do not prevent courts from giving effect to contemporaneous or subsequent agreements constituting dispositions; where a written agreement between transferor and transferee creates equitable rights equivalent to an equity of...

Source-derived case information.

Citation
[1925] SCR 549
Parties
Plaintiff/appellant: George H. Welsh; Defendant/respondent: Edmund R. Popham
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
4 June 1925
Procedural Posture
Civil Appeal / On Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Alberta
Outcome
Appeal dismissed with costs
Legal Topics
Transfer of Mortgaged Land, Implied Covenant to Pay Mortgage, Indemnity, Statutory Construction of Ss.54, 55, 179 of Land Titles Act, Rectification, Equity of Redemption
Source Language
english
Sale Mortgage Property Land Titles Transfer of Mortgaged Land Implied Covenant to Pay Mortgage Indemnity Statutory Construction of Ss.54,55,179 of Land Titles Act +2 more

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Parties

George H. Welsh

Plaintiff/appellant

Edmund R. Popham

Defendant/respondent

Procedural Posture

Civil Appeal / On Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Alberta

Legal Issues

  1. 1 Whether s.54(1) of the Land Titles Act creates an implied covenant binding a transferee of mortgaged land to pay the mortgage to the mortgagee notwithstanding agreements between transferee and transferor
  2. 2 Whether ss.54 and 55 must be read so as to displace court jurisdiction under s.179 to enforce dispositions creating equitable rights between parties
  3. 3 Whether the transfer should be rectified to express the parties' true intention

Ratio Decidendi

Sections 54 and 55 of the Land Titles Act must be read in light of s.179 so that they do not prevent courts from giving effect to contemporaneous or subsequent agreements constituting dispositions; where a written agreement between transferor and transferee creates equitable rights equivalent to an equity of redemption and is incompatible with the statutory implication, s.54(1) does not render the transferee liable to the mortgagee and the mortgagee's claim fails.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs