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Rainbow Ranche Collection

Letter from Fred J. Fulton to James Goldie, November 21, 1910 Fulton, Fred J. Nov 21, 1910

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 /
o   ■ o
^M^mim^, &$  lov. 21st. 1910.
James Goldie, Esq.,
Rainbow Ranchet
Okapagan,Centre, B. C.
Dear Sir,
I am in receipt of yours of the 17th. and have hunted
up and perused the documents registered and filed in the Land Registry
office here and find that on 2nd. January 1908 Maddock Bros. Ltd.
mortgaged their property including their irrigation system to Rowell
and Wilkie, who on 21at. May 1909 assigned the Mortgage to The
Trusts and Guarantee Co* Ltd.  On 1st. April 1909 Maddock Bros. Ltd.
conveyed their real Estate to the Okapagan Valley Land Co# hut the
Conveyance does not mention the mortgage and does not specify any
obligation to be assumed except some agreements of sale &ih~&®&G  of
land.
I am sorry that I returned all the papers to you because
I cannot remember the date of the Agreement between McAllister
and Maddock Bros, nor whether it is expressed to be binding upon
assigns, but I may say that I do not see what the mortgage has got
to do with the matter.  It was, if I remember right, prior to your
agreement so that the latter could not be claimed by the Mortgagees.
The Land Company is either the Assignee from Maddock Bros, or it is
not.  If not, then by what right does it claim to carry on its
irrigation system.  If it is the Assignee then I do not see
why the Agreement should not be binding upon it beeause if I o ■ V o
^:?    *   *<   C4
Sjfm
J. G. Esq., 2.
remeber right the Agreement was expressed to be binding upon assigns,
I would however prefer that you send me back the
papers before giving a more definite expression of opinion. I
will reply immediately on receipt.
Yours truly,
-

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