Yockney v. Thompson

Yockney v. Thompson

An agreement by an owner, for valuable consideration, to execute a mortgage constitutes an "estate or interest in land" within s.130 of the Manitoba Real Property Act and may be protected by a caveat; s.100 does not extinguish that right for caveat purposes; a mortgage registered subject to a caveat cannot later claim priority over the caveator.

Citation
(1914) 50 SCR 1
Parties
Appellant (defendant): Charles E. Yockney; Respondent (plaintiff): John Andrew Thompson
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
18 May 1914
Procedural Posture
Appeal / On Appeal From the Court of Appeal for Manitoba to the Supreme Court of Canada (final)
Outcome
Appeal dismissed with costs; judgment of the Court of Appeal for Manitoba affirmed.
Legal Topics
Caveat, Mortgage Priority, Registration of Title, Incumbrance, Real Property Act Sections 100 and 130
Source Language
English
Property Law Land Registration Registry Laws Caveat Mortgage Priority Registration of Title Incumbrance Real Property Act Sections 100 and 130

Case Brief

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Parties

Charles E. Yockney

Appellant (defendant)

John Andrew Thompson

Respondent (plaintiff)

Procedural Posture

Appeal / On Appeal From the Court of Appeal for Manitoba to the Supreme Court of Canada (final)

Legal Issues

  1. 1 Whether an agreement to execute a mortgage for valuable consideration constitutes an "estate or interest in land" under s.130 of the Manitoba Real Property Act
  2. 2 Whether s.100 (mortgages under the new system do not operate as a transfer of land) prevents the beneficiary of such an agreement from filing a caveat under s.130
  3. 3 Whether a mortgage registered subject to a caveat can later claim priority over the caveator

Ratio Decidendi

An agreement by an owner, for valuable consideration, to execute a mortgage constitutes an "estate or interest in land" within s.130 of the Manitoba Real Property Act and may be protected by a caveat; s.100 does not extinguish that right for caveat purposes; a mortgage registered subject to a caveat cannot later claim priority over the caveator.

Court Disposition

Appeal dismissed with costs; judgment of the Court of Appeal for Manitoba affirmed.

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of Appeal for Manitoba affirmed