$2,500  of  this  purchase  money.  May  subsequently  ascertained  that  the  block
of  land  in  question  did  not  front  on  MoPhillips  street,  and  that  G-ilmonr  and
Drynan  were  not  joint  investors  with  him,  and  that  statements  in  the
guarantee  were  false.  By  his  bill  May  prayed  that  the  sale  be  set  aside,  the
portion  of  the  purchase  money  already  paid  be  re-paid  to  him,  and  that  the
mortgage  given  to  secure  payment  of  the  remainder  be  cancelled.
Held,  reversing  the  judgment  of  the  Court  of  Queen's  Bench  in  equity,
Manitoba,  that  the  false  and  fraudulent  representations  made  by  Gilmour
and  McLean,  entitled  May  to  the  relief  prayed  for  against  Mc Arthur,  McLean
and  Gilmour  jointly  and  severally.
Appeal  allowed  with  costs.
May  T.  McArthnr,  20  C.  I.  J.  248 ;  4  C.  L.  T.  336 .— 20th  May,  1884.
9.  Hypotbecary  action  against  snb-pnrcbasers— Aclcnowledgnment  of
amonnt  dne  slgrned  by  original  Tendor  In  error— Jndgnient  against
original  purchaser  res  Inter  alios  acta  as  regards  snb-pnrcbasers  wben
action  brought  against  former  after  purchase  and  registration  of  deed
by  latter— Variation  of  original  promise  of  sale  by  subsequent  deed—
JETldence  of  notary  not  admissible  to  contradict  deed— Bonus  on  trans-
fer of  timber  limits  payable  by  purchaser  when  agreement  silent.
