Section 36Part 3 — Extension or Exclusion of Ordinary Time Limits
Effect of acknowledgement or part-payment on other persons
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36. (1) An acknowledgement of the title to any land or mortgaged personal property by any person in possession of it shall bind all other persons in possession during the ensuing period of limitation.
A payment in respect of a mortgage debt by the mortgagor or any other person liable for the debt, or by any person in possession of the mortgaged property, shall, so far as any right of the mortgagee to foreclose or otherwise to recover the property is concerned, bind all other persons in possession of the mortgaged property during the ensuing period of limitation.
Where two or more mortgagees are, by virtue of the mortgage, in possession of the mortgaged land, an acknowledgement of the mortgagor’s title by one of the mortgagees shall only bind him and his successors and shall not bind any other mortgagee or his successors.
Where, in a case within subsection (3), the mortgagee by whom the acknowledgement is given is entitled to a part of the mortgaged land and not to any ascertained part of the mortgage debt, the mortgagor shall be entitled to redeem that part of the land on payment, with interest, of the part of the mortgage debt which bears the same proportion to the whole of the debt as the value of the part of the land bears to the whole of the mortgaged land.
Where there are two or more mortgagors, and the title of one of them is acknowledged as hereinbefore mentioned in this section, the acknowledgement shall be treated as having been made to all of them.
An acknowledgement of any debt or other liquidated pecuniary claim shall bind the acknowledgor and his successors but not any other person.
A payment made in respect of any debt or other liquidated pecuniary claim shall bind all persons liable in respect of the debt or claim.
An acknowledgement by one of several personal representatives of a claim to the personal property in the estate of a deceased person or to any share or interest therein, or a payment by one of several representatives in respect of any such claim, shall bind the estate of the deceased person.
In this section — “successors”, in relation to any mortgagee or person liable in respect of any debt or claim, means his personal representatives and any other persons on whom the rights under the mortgage or, as the case may be, the liability in respect of the debt or claim devolve (whether on death, bankruptcy, the disposition of property, or the determination of a limited estate or interest in settled property or otherwise). Limitation Law (1996 Revision) Section 37 c Revised as at 13th day of August, 1996 Page 25