Is a mortgagee entitled to claim costs for arrears of 6 years of interest which have never been paid?

Saskatchewan, Canada

The following excerpt is from Western Trusts Co. v. Popham, 1912 CanLII 152 (SK QB):

I am of opinion that the contention of the plaintiffs is right. In Hodges v. Groydon, 3 Beav. 86, the plaintiff, the mortgagee, brought action to recover under his mortgage. The only point in dispute was whether the mortgagee was entitled to six years’ or twenty years’ arrears of interest. The defendants the mortgagors were willing before suit to pay the principal and six years’ interest, but made no tender. At the hearing the mortgagor succeeded on the, point of interest, but it was held that as there had been no tender, the mortgagee was entitled to his costs. The Master of the Rolls, in giving judgment, said:— As to the costs, there was no tender or offer to pay, until the bill was filed; the defendant (mortgagors) must therefore pay the costs. If there had been a tender of the principal and six years’ interest, then the plaintiff would have to pay them. The result of this litigation is that the plaintiff loses his fourteen years’ interest, and the defendants, the whole costs of the suit.

Other Questions

Can an unpaid mortgagee recover arrears of interest? (Saskatchewan, Canada)
Is a mortgagee entitled to the costs of a redemption action? (Saskatchewan, Canada)
Can a vendor who sells a 40 year lease for 40 years, obtain a lease for another year after the lease has expired? (Saskatchewan, Canada)
Is a mortgagee who has made a loan on mortgage, but has not executed the mortgage deed, bound to give effect to a proviso that reduces the interest rate of interest on punctual payment? (Saskatchewan, Canada)
Is a mortgagee entitled to possession of machinery that was not paid for? (Saskatchewan, Canada)
Is a plaintiff entitled to security for costs under Rule 9 of the Rules as to costs in a personal injury action? (Saskatchewan, Canada)
Is a mortgagee required to pay interest at half yearly? (Saskatchewan, Canada)
What grounds are set out in the statement of claim in support of a claim for the allowance of interest? (Saskatchewan, Canada)
Can an appeal against an order requiring costs to be paid forthwith after taxation be paid? (Saskatchewan, Canada)
In what circumstances will a landlord who claims to be a tenant be able to claim as landlord of a property where the landlord is not the landlord of the tenant? (Saskatchewan, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.