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F. Amoldi, K.C., and P- intiff. McDonald, Woodstock, for W. M. Douglas, K.C, for defendants. The judgment of the Court (Moss, C.J.O., Osler, Gar- w, Maclaren, JJ.A.), was delivered by Moss, C.J.O. : — Plaintiff in this action, suing as the as- nee of one Miles O^Reilly Vandecar, seeks to have an trument of mortgage dateii 15th October, 1836, made by ndecar in favour of defendants McKay and Bicknell, for uring payment to them of $S50 on 16th October, 1897, :h interest in the meantime, declared v...oid and set aside as ndnlent against the creditors of the mortgagor Vandeear. The assigmnent under which plaintiff claims was executed the mortgagor on 31st October, 1896. This action was commenced on 31st July, 1902. It ivas i tried by Brit ton, J., who dismissed it, oh the ground 508 THE ONTARIO WEEKLY REPORTER. that under the circumBtances appearing upon the evi
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