. The Montreal law reports [microform]. Law reports, digests, etc; Law; Jurisprudence; Droit. %n KDNTRIAL Li^W. >WW. â tv â V %. $ V A eal (Jttrrfe, J.), Nov. 17, 18j87,*ra5iulaining thV r^Bpoiiir «nt'i!i-ai; Thu jaflgmout o(.tho Gouri beldiw U rer ported iA M. i. R., 8 S. 0. 238. March 28, 26, ?7, 1881) J O'lfaltorna, Q. C, and Oeoffripn, Q. C, for appellants:â On thti 5lh October, 1888, th» company being for moili than ninety dayti in default of paying interest, the appel- lants under i\\o eighth paragraph of the indenture of mort- gage, far the iirHt time took possession of the
. The Montreal law reports [microform]. Law reports, digests, etc; Law; Jurisprudence; Droit. %n KDNTRIAL Li^W. >WW. â tv â V %. $ V A eal (Jttrrfe, J.), Nov. 17, 18j87,*ra5iulaining thV r^Bpoiiir «nt'i!i-ai; Thu jaflgmout o(.tho Gouri beldiw U rer ported iA M. i. R., 8 S. 0. 238. March 28, 26, ?7, 1881) J O'lfaltorna, Q. C, and Oeoffripn, Q. C, for appellants:â On thti 5lh October, 1888, th» company being for moili than ninety dayti in default of paying interest, the appel- lants under i\\o eighth paragraph of the indenture of mort- gage, far the iirHt time took possession of the railway, and are* still operating it with a view to earning and pay- ings tlic arrears of interest. That is not a foreclosare. The proceedings to effect a foreclosure ar^ very different^ and afe provided forJn paragraph twelfth of the indenture. The respondent^ debt Wp contracted by the railway company, long prior to the 6th October, 1888, while the company had complete control of the railway, and operated it as its own propefty, for its own benefit, and at a time when appellants had no power or control over its manage- ment or any benefit or advantage from its eai^nings. Bes- ponaent contracted with the railway company, delivered his property on the credit of the company, brought his ac- tion and took his judgment against the company, even , after t^ railway was notoriously in possession of the' appellants. Suing the appellants was purely an after thought, for if the appellants are lia,]ble to-day for debts fntracted by the company,Hhe appellants are liable for 1 obligations contracted by tlie company since the 12th of Augnsti! ,1881, date of the mortgage. The ju^lment is based on th^ assumption that the deed of trust is , nantissement or antichrise. An * antichrise is defined as, un cohtrat par lequel un tUhiteur rptnet d son criancier une chose immqbitiire avec pteine jouu- sance, pour s^feU de sa dette. Fledge, by our law, is defined (0. â¬!. Art. 1966) as
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