It is provided in Ontario by the Execution Act, R.S.O. 1914, c. 80, ss. 30 and 31, as follows (q):

30. Where the word "mortgagor" occurs in the next succeeding three sections it shall be read and construed as if the words "his heirs, executors, administrators or assigns, or person having the equity of redemption," were inserted immediately after the word "mortgagor."

31.- (1) The sheriff to whom an execution against the lands and tenements of a mortgagor is directed may seize, sell and convey all the interest of the mortgagor in any mortgaged lands and tenements.

(2) The equity of redemption in freehold land shall be saleable under an execution against the lands and tenements of the owner of the equity of redemption in his lifetime, or in the hands of his executors or administrators after his death, subject to the mortgage, in the same manner as lands and tenements may now be sold under an execution.

(3) Where more mortgages than one of the same lands have been made to the same mortgagee or to different mortgagees, subsections 1 and 2 shall apply, and the equity of redemption shall be saleable under an execution against the lands and tenements of the owner, subject to the mortgages, in the same manner as in the case-of land subject to one mortgage only (r).

(0) Glover v. Southern Loan and Savings Co., 1901, 1 O.L.R. 59.

(p) Trust and Loan Co. v. Cuthbert, 1868, 14 Gr. 410.

(q) "Sheriff" is defined by s. 2 as including any officer to whom an execution is directed. As to the genesis of these provisions, see Sec. 151, supra.

A sale of one of several lots included in a mortgage is unauthorized. The sheriff cannot sever the equity of redemption; he may only sell the equity in all the lands comprised in the mortgage, and where the lands are in different counties, the act docs not apply (s).

So where four persons joined in executing a mortgage of their joint estate, and subsequently the interests of three of them were sold under executions, it was held that the sale was inoperative and that the owner of the equity of redemption had a right to redeem; and it was further held that the purchaser at the sheriff's sale, who was also the mortgagee, having gone into possession of the mortgaged estate, was bound to-account for the rents and profits (t).

The equity of redemption in one parcel of land and the fee in another parcel may be sold together under a writ of execution, but a sale under two executions only one of which binds the debtor's lands, is invalid (u).

Where the execution was against three debtors jointly, each of whom had made a mortgage on lands which belonged to himself solely, and the sheriff sold the equity of redemption of all the debtors in the lands, the sale was upheld (v).

The widow of a mortgagor who has a right to dower which has not been assigned, although she is entitled to redeem a mortgage to which her dower is subject, is not possessed of an estate in the land, and therefore is not an "assign" of her husband or a "person having the equity of redemption" within the meaning of s. 30 of the statute, and her interest is not saleable under an execution against the mortgagor (w). The result is the same if she is assumed to elect in favour of the undivided third share of the equity of redemption under the Devolution of Estates Act, for in that event she becomes tenant in common of the equity of redemption with her children, and it is settled that the interest of one of several tenants in common cannot be sold by the sheriff under an execution (x).

(r) Sub-s. 3 was added in 1915 by the statute 5 G. 5, c. 20, s. 10.

(s) Heward v. Wolfenden, 1868, 14 Gr. 188; Vannorman v. Mc-Carty, 1869, 20 U.C.C.P. 42.

(t) Cronn v. Chamberlin, 1880, 27 Gr. 551.

(u) Samis v. Ireland, 1879, 4 O.A.R. 118.

(v) Rathbun v. Culbertson, 1875, 22 Gr. 465.

The statute does not apply if the right to redeem does not appear upon the face of the deed, as, for example, where the land has been conveyed by a deed which is absolute in form but which is alleged to be a mortgage in reality (y).

The equity of redemption in a term of years is not within the statute and cannot be sold under an execution (z).