The Nova Scotia Reports, volume 4

Cover The Nova Scotia Reports, volume 4
The Nova Scotia Reports, volume 4
Nova Scotia. Supreme Court
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A. V.
Digitized by Google SPURR V. ELDERKIN. 49 Bliss, J. I think the defendant is entitled to relief in this case, and that this Court has the power of granting it.
The facts are briefly these : In September, 1855, the defendant agreed with plaintiff for the pur- chase of certain lands and premises in the County of Annapolis, for the sum of ^250. He paid down half of the purchase money, that is .£125, and was to have possession on the 1st of Mfiy following, on paying or securing the other moie
...ty of the purchase money, being allowed interest till then on the sum already paid. A short time after this agreement the defendant left this Province, and went to the United States on business, and did not return until May, 1859. While thus absent, and the time for completing the purchase, by the payment of the second moiety of the money, having passed, the plaintiff — who, by his tenant, still remained in possession of the property — not being able by any process to enforce the agreement, and to receive the residue of the money due thereon, treated the memorandum of sale and the transaction in question in the light of a mortgage from the defendant to himself of this property, and proceeded to foreclose the equity of redemption of the defendant therein, by the usual process, sued out according to the practice of the Court, and obtained, in consequence of the absence of the defendant from the Province, the usual order for a Gazette notice, and thereupon ultimately had a judgment.

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