3 RELATIVE CATEGORIES FOR ADVANCED EQUITY TUTORIAL
EPISODE 1

1.)  Perfection of Interests
2.)  Conveyance 
3.)  Subrogation/Exoneration

Intro-

Section 1, and in respect to Perfection of interest, it is important to Note:


TO WHAT EXTENT THE COURT ACTS ON PRESUMPTION


1.)  The Court will not of itself presume a party to have a better title,  or better claims for  equity,  than the pleadings of the party himself disclose.
Therefore,  if relief be sought as Heir,  it is necessary to show sufficient facts by statement to  demonstrate  the plaintiff to be  Heir,  and not merely a descendant or  a  son;  and also to show show by statement in  the  Bill  sufficient facts to manifest  equity  sufficient  to  warrant  such relief being granted to him as he claims as heir by the Bill.

***

2.)  The Court of itself will not presume that a fact  which  has  been proved  to have occurred or to exist,  has ceased to to be in existence,  or has become  more injurious,  unless proved  to  be  so by proper evidence.

***

3.)  Therefore it  is  necessary  to state  in the  Bill each important fact depending on provable circumstances;  for,  being of importance  to the plaintiff’s case,  and not undeniably certain in its existence,  it will not be presumed.

***

     The Court  of itself  will presume such consequences to have happened or to exist as are not provable facts,  but are dependent wholly for their existence  on  the  logical reasoning  of the  Law, or Equity,  from  the facts actually established in the case.


      For instance, the  Court, on  sufficient facts being established in the case, will presume, as a consequence from such facts, That A  ought to ------, is entitled to --------, may -------, is in fault  as to ---------,  should -------, must not -------, because such a writing as ---------, is a ---------, and imports -------, and therefore is an absurdity in law, and is also uncertain, illegal; therefore, B is to have --------, and is entitled to possession of -------.


4.)  The Court  of itself  will never presume that  A has possession, however many collateral facts may be established,  which together almost manifest to a certainty that A,  as a consequence,  has possession; because, whether A  has possession or not,  is a provable fact, directly provable; and to assume, therefore, that he has possession, were arbitrarily to supply facts by giving evidence as if a witness,  and perhaps as a false witness.

         ***


5.)  The  Court of itself   will presume that each party knows the  law,  and what is equity,  if not shown to be an infant, lunatic,  or incapacitated person;  but that each party is ignorant of a fact till such fact is shown to be his own act,  or part of his proper duty,  or that he had afforded him proper opportunity  for  taking  notice  of  such  fact.

***

COMMON FORMS AND RULES
ORIGINAL BILL IN CHANCERY
BY GEORGE FARREN, ESQ.,j 
E.B MYERS AND CHANDLER
CHICAGO 1866

Section 2, and in respect to Conveyance of interest, it is important to Note:


THE VACANT PROPERTY ACT
C.C.S.M. c V10


Personal property deposited or held in trust

1.)  All  personal property,  including money or securities for money,  deposited with or held in trust by any person in the province,  which remains unclaimed by the person entitled thereto for 12 years from the time when that property,  money,  or securities were first payable,  notwithstanding  that the depositee  or  trustee  has delivered or paid or transferred that personal property, money or securities to any other person or official within or without the province as depositee or trustee,  vests in,  and is payable to, Her Majesty in right of the Province of Manitoba subject only to Her Majesty’s pleasure with respect to any claim thereafter made by any person claiming to be entitled to that property, money or securities.


Escheats Act to apply

2.)  The property set out in section 1  is  subject to the application of
The Escheats Act

THE ESCHEATS ACT
C.C.S.M. c E140


Minister of Justice may take possession of forfeited property
1.)  Where any lands,  tenements, or hereditaments,  have escheated to the Crown by reason of the person last seized thereof,  or entitled thereto having died intestate and without lawful heirs,  or  by reason of the failure of heirs,  or a failure in the devises or bequests in any will,  or when property of any kind has become forfeited for any cause to the Crown,  the Minister of Justice may cause possession thereof to be taken in the name of the Crown; and, if possession is withheld,  he may cause an action to be brought for the recovery thereof without an inquisition being first made.

Proceedings
2.)  The proceedings in the action may be in all respects similar to those in other actions for the recovery of land.


***

L.G. in C.  may make grants
3.)  The government,  if authorized by an order of the Lieutenant Governor in Council,  may make any grant of lands,  tenements, or hereditaments,  that have so escheated or become forfeited,  or at any time so escheat or become forfeited, for any cause except crime,  or of any portion thereof, or of any interest therein,  to any person,  for the purpose of transferring or restoring them to any person having a legal or moral claim upon the person to whom they had belonged,  or of carrying into effect  any  disposition  thereof that  that person may have contemplated,  or of rewarding any person making discovery  of  the  escheat or forfeiture, as to the Lieutenant Governor in Council may seem meet.


Without entry or prior inquisition
4.)  Any such Grant may be made without actual entry or inquisition being first necessary,  and although the lands, tenements, or hereditaments, are not in actual possession of the Crown,  and notwithstanding that some person claims title thereto adversely  to the person whose estate they had been; and  if  possession of the lands, tenements, or hereditaments, is withheld,  the person to whom the grant is made is thereupon entitled to institute in any court of competent jurisdiction proceedings for the recovery of the lands, tenements, or hereditaments.


***

L.G. in C. may release or waive
5.)  Where a forfeiture takes place of any lands, tenements, or hereditaments,  or any interest therein, as aforesaid,  the Lieutenant Governor in Council  may waive or release any right to which the Crown may thereby have become entitled, so as, by the waiver or release,  to vest the property, either absolutely or otherwise, in the persons who would have been entitled thereto but for the forfeiture;  and the waiver or release may be either for valuable consideration or otherwise,  and may be upon such terms and conditions as to the Lieutenant Governor in Council may seem fit.


***

Assign personal property
6.)  The government,  if authorized by an order  of  the  Lieutenant Governor in  Council,  may make an assignment of personal property to which the Crown is entitled by reason of the person last entitled thereto having died intestate and without leaving any kin or other persons entitled to succeed thereto,  or by reason of having become forfeited to the Crown for any cause except for crime;  or,  if so authorized,  the government may make an assignment of any portion of such personal property,  for the purpose of transferring or restoring it to any person having a legal or moral claim upon the person to whom it had belonged,  or for carrying into effect any disposition thereof that that person may have contemplated,  or of rewarding the person making the discovery of the right of the Crown to the property,  as to the Lieutenant Governor in Council may seem meet.


***


Minister of Finance may administer estate
7.)  The Minister of Finance may administer the estate of any deceased person whose property has been escheated or been forfeited to the Crown.


***

Meaning of: Escheated- (Law) (in England before 1926)  the reversion of property to the Crown in the absence of legal heirs. 
Escheat,  The power of a state to acquire title to property for which there is no owner.

Meaning of: Issuer   (a) with respect to a registration of a transfer of a security,  means a person on whose behalf transfer books are maintained; and (b) the person’s duty to perform an obligation represented by the security certificate.


Merger
14.) There is no merger by operation of law only of any estate the beneficial interest in which would not be deemed to be merged or extinguished in equity.

 

Land to be dealt with in the same way as chattels real
17.3(4)
Subject to section 36 of The Wills Act, all enactments and rules of law relating to the effect of probate or letters of administration respecting chattels real, respecting the dealing with chattels real before probate or administration, and respecting the payment of costs of administration and other matters in relation to the administration of personal estate, and the powers, rights, duties, and liabilities of the personal representative in respect of personal estate, apply to land, so far as they are applicable, as if the land were a chattel real vesting in the personal representative, except that some or one only of several joint personal representatives shall not sell or transfer land without the approval of a judge of the Court of Queen's Bench.

 

Order for execution of conveyance or transfer
22(1)
Where partition or sale is ordered, the court may order the execution of a conveyance, transfer or other document by all the proper parties thereto to give effect to the sale or partition of the land.

 

Delivery of uncertificated security
68(2)
Delivery of an uncertificated security to a purchaser occurs when
(a) the issuer registers the purchaser as the registered owner, on the original issue or the registration of transfer; or
(b) another person, other than a securities intermediary, either
(i) becomes the registered owner of the uncertificated security on behalf of the purchaser, or
(ii) having previously become the registered owner, acknowledges that the person holds the uncertificated security for the purchaser.

 

Rights of purchaser
69(1)
Except as otherwise provided in subsections (2) and (3), a purchaser of a certificated or uncertificated security acquires all rights in the security that the transferor had or had power to transfer.

 

PART 5
REGISTRATION

Duty of issuer to register transfer
86(1)
If a certificated security in registered form is presented to an issuer with a request to register a transfer of the certificated security or an instruction is presented to an issuer with a request to register a transfer of an uncertificated security, the issuer must register the transfer as requested if
(a) under the terms of the security, the proposed transferee is eligible to have the security registered in that person's name;
(b) the endorsement or instruction is made by the appropriate person or by an agent who has actual authority to act on behalf of the appropriate person;
(c) reasonable assurance is given that the endorsement or instruction is genuine and authorized;


Liability of issuer
86(2)
If, under subsection (1), an issuer is under a duty to register a transfer of a security, the issuer is liable to a person presenting a certificated security or an instruction for registration, or to that person's principal, for any loss resulting from unreasonable delay in registration or the failure or refusal to register the transfer.

Section 3, and in respect to Subrogation/Exoneration, it is important to Note:

“That in all suits concerning real estate which is vested in trustees by devise,  and such trustee(s) are competent to  sell  and  give discharges for the proceeds of the sale,  and for the rents and profits of the estate,  such trustees shall represent the persons beneficially interested in the estate,  or the proceeds,  or the rents and profits,  in the same manner and to the same extent  as the executors or administrators in suits concerning personal estate represent the persons beneficially interested in such personal estate."


“It is sufficient  to  bring  before  the  Court  the  first  person  having  a vested estate of inheritance.”

“Another instance of  equity’s  beneficial  effect  is  the  estate  of  the  cestui que use (the person for whom a trustee holds),  which is also repugnant to the principles of  law.”

       After a set of statements is finished which manifest an  equity  to plaintiff,  it is advisable, at the end of each of such sets, to submit to the Court, as a statement,  that such an equity does exist,  and that the plaintiff is entitled to it, and that he now  claims  such equity.