59.  Puisne  mortgagee— Foreclosure  by-
Practice — Where  puisne  mortgagee  forecloses,
there  should  be  a  reference  to  a  Master  to  find
what  is  due  on  prior  mortgage.  If  the  first
mortgagee  does  not  go  before  the  Master  and  the
amount  due  him  cannot  be  reported,  then  tiiere
may  be  an  application  for  an  order  of  sale,  sub-
ject to  prior  mortgage.
fer  Wilkins,  J. — I  think  that  bf  fore  puisne
mortgagee  forecloses,  he  ought  to  give  notice  to
prior  mortgagees  of  his  intention  to  do  so.
Creiijhton  v.  Moore  et  al,  2  Thorn.,  227.
60.  Receipt  Indorsed  —  Evidence  —  The

body  of  a  deed  acknowledged  the  payment  of  tlie
purchase  money  in  the  usual  form,  and  a  receipt
therefor  signed  by  plaintiff  was  also  indorsed,
but  subsc(iuent  to  the  sale  a  dispute  arose  as  to

j  whether  the  amount  stated  in  the  deed  included

!  a  mortgage  existing  on  the  property,  or  whether

^  the  purchaser  M'as  to  pay  that  also.
I      Plaintiff  having  sued  for  the  amount  of  the

I  mortgage,

i      Held,  that  in  the  face  of  the  indorsed  receipt,

i  and  of  certain  evidence  adduced  in  confirmation

j  thereof,  he  could  not  recover.
!  McDonald  v.  5/ow,  3  N.  S.  D.,  283.
I    61.  Registration  of— Proof  of- In  an  action

for  breach  of  covenant  for  title  contained  in  a
deed  from  defen((ant  to  plaintiff,  the  plaintiff  put

j  in  evidence  a  mortgage  on  which  was  indorsed
whai  purported  to  be  a  certificate  of  registration.
j  The  execution  )f  the  mortgage  was  proved,  but
the  certificate  was  not  proved  to  have  been
signed  by  the  proper  officer,  nor  was  it  tendered
as  evidence  independently  of  the  mortgage.
909


MORTGAGE.
