858
No. 3 of 1901.
Power to order sale of immovable property generally. O. 51, r. 1.
Right of mortgagor in ejectment by mortgagee to pay mortgage money, etc., and to have re-conveyance.
c. 76, s. 219.
CODE OF CIVIL PROCEDURE.
thinks fit, direct a sale without previously determining the priorities of incumbrancers.
642. If in any cause or matter relating to immovable property it appears necessary or expedient that the property or any part thereof should be sold, the court may order the same to be sold, and any party bound by the order and in possession of the property, or in receipt of the rents and profits thereof, shall be compelled to deliver up such possession or receipt to the purchaser or such other person as may be directed by the order.
643. Where an action of ejectment is brought by any mortgagee, his heirs, executors, administrators or assigns, for the recovery of the possession of any mortgaged immovable property, and no action is then depending in the court for or touching the foreclosing or redeeming of the mortgaged property, if the person having right to redeem the mortgaged property, and who appears and becomes defendant in the action, at any time pending the action, pays to the mortgagee, or in case of his refusal, pays into court, all the principal money and interest due on the mortgage, and also all such costs as have been expended in any action upon the mortgage (such money for principal, interest and costs to be ascertained and computed by the Registrar), the money so paid to the mortgagee or into court shall be deemed and taken to be in full satisfaction and discharge of the mortgage; and the court shall discharge such mortgagor or defendant of and from the same accordingly, and shall, by order, compel the mortgagee, at the costs and charges of the mortgagor, to assign, surrender or re-convey the mortgaged property and such estate and interest as the mortgagee has therein, and deliver up all deeds, evidences and writings in his custody relating to the title of the mortgaged property to the mortgagor who has paid such money, his heirs, executors or administrators, or to such person or persons as he or they may for that purpose nominate or appoint.
Cases excepted from the operation of section 643.
644. Nothing in section 643 shall extend to any case where the person against whom the redemption is prayed, by writing under his hand or the hand of his agent or solicitor, to be delivered, before the money is paid into court, to the solicitor for the other side, insists either that the party praying a redemption has not a right to redeem or that the premises are chargeable with other or different principal sums than what appear on the
15 & 16 Vict. c. 76, s. 220.