1344
No. 5 of 1901.
Vesting order
on judgment
for sale or
mortgage of
land.
56 & 57 Vict.
c. 53, s. 30.
Vesting order
etc.
c. 53, s. 31.
TRUSTEES.
the same for the space of twenty-eight days next after a proper deed for conveying the land has been tendered to him by or on behalf of the person so entitled;
3) where it is uncertain which of several devisees of the mortgagee was the survivor;
(4) where it is uncertain as to the survivor of several devisees of the mortgagee, or as to the heir or personal representative of the mortgagee, whether he is living or dead; and
(5) where there is no heir or personal representative of a mortgagee who has died intestate as to the land, or where the mortgagee has died and it is uncertain who is his heir or personal representative or devisee.
47. Where the court gives a judgment or makes an order directing the sale or mortgage of any land, every person who is entitled to or possessed of the land or entitled to a contingent right therein, and is a party to the action or proceeding in which the judgment or order is given or made or is otherwise bound by the judgment or order, shall be deemed to be so entitled or possessed, as the case may be, as a trustee within the meaning of this Ordinance, and the court may, if it thinks fit, make an order vesting the land or any part thereof for such estate as the court thinks fit in the purchaser or mortgagee or in any other person.
"
48. Where a judgment is given for the specific performance of a contract concerning any land, or for the partition, or sale in lieu of partition, or exchange of any land, or generally where any judgment is given for the conveyance of any land either in cases arising out of the doctrine of election or otherwise, the court may declare that any of the parties to the action are trustees of the land or any part thereof within the meaning of this Ordinance, or may declare that the interests of unborn persons who might claim under any party to the action, or under the will or voluntary settlement of any person deceased who was, during his lifetime, a party to the contract or transactions concerning which the judgment is given, are the interests of persons who, on coming into existence, would be trustees within the meaning of this Ordinance, and thereupon the court may make a vesting order relating to the rights of those persons, born and unborn, as if they had been trustees.
Page 25
Page 26
1344
No. 5 of 1901.
Vesting order
on judgment
for sale or
mortgage of
land.
56 & 57 Vict.
c. 53, s. 30.
Vesting order
etc.
c. 53, s. 31.
TRUSTEES.
the same for the space of twenty-eight days next after a proper deed for conveying the land has been tendered to him by or on behalf of the person so entitled;
3) where it is uncertain which of several devisees of the mortgagee was the survivor;
(4) where it is uncertain as to the survivor of several devisees of the mortgagee, or as to the heir or personal representative of the mortgagee, whether he is living or dead; and
(5) where there is no heir or personal representative of a mortgagee who has died intestate as to the land, or where the mortgagee has died and it is uncertain who is his heir or personal representative or devisee.
47. Where the court gives a judgment or makes an order directing the sale or mortgage of any land, every person who is entitled to or possessed of the land or entitled to a contingent right therein, and is a party to the action or proceeding in which the judgment or order is given or made or is otherwise bound by the judgment or order, shall be deemed to be so entitled or possessed, as the case may be, as a trustee within the meaning of this Ordinance, and the court may, if it thinks fit, make an order vesting the land or any part thereof for such estate as the court thinks fit in the purchaser or mortgagee or in any other person.
"
48. Where a judgment is given for the specific perform- consequential ance of a contract concerning any land, or for the partition, on judgment for specific or sale in lieu of partition, or exchange of any land, or performance, generally where any judgment is given for the conveyance 56 & 57 Vict. of any land either in cases arising out of the doctrine of election or otherwise, the court may declare that any of the parties to the action are trustees of the land or any part thereof within the meaning of this Ordinance, or may declare that the interests of unborn persons who might claim under any party to the action, or under the will or voluntary settlement of any person deceased who was, during his lifetime, a party to the contract or transactions concerning which the judgment is given, are the interests of persons who, on coming into existence, would be trustees within the meaning of this Ordinance, and thereupon the court may make a vesting order relating to the rights of those persons, born and unborn, as if they had been trustees.
Page 25Page 26
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