Judgement

Appeal from a judgment and decree of the Chief Court (December 14, 1914) reversing the judgment and decree of Ormond J.

The facts are stated fully in the judgment of their Lordships.

Ormond J. affirmed an order of the Registrar allowing the appellant (the mortgagee) interest under the mortgage until the date when he obtained possession. Upon appeal Sir Charles Fox C. J. and Parlett J. reversed that decision, holding that the appellant was only entitled to bring into account the principal and interest to July 6, 1906.

1916. Oct. 30, 31. Sir Erle Richards, K.C., and F. J. Coltman, for the appellant. Upon the true construction of the agreement interest ran till possession was obtained. The words "all interest due thereon" in the last sentence of the agreement indicate that interest was to run until completion of the sale. Until that took place there was nothing to affect the covenant to pay the interest. The Chief Court upon the appeal erred in applying the English doctrine that the property vested in equity in the purchaser from the date fixed for completion. That rule cannot be applied here, since the purchaser was kept out of possession by the vendor. Further, the Transfe