Decisions of the Supreme Court of Nova Scotia Volume 7

Decisions of the Supreme Court of Nova Scotia Volume 7

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1880 edition. Excerpt: ...near the shore. The existence and position of this road are proved by other witnesses, and it is clearly established that since 1822 the pond on the west has been limited by this road, without resorting to the testimony of the plaintiff H andly and his son, which establishes the fact since 1839. Vhen, therefore, some of the witnesses speak of the pond moving to the west, they must refer to the contraction on the eastern end, which in one sense would warrant that expression. Of the contraction on the eastern end several of the witnesses speak. The plaintifi Handly says the pond is in the same place, but much reduced. Bisett had seen the pond twenty or thirty feet further east than it is now. Jackson says nothing on the point. Maurice K avanagh says the pond was five times as large as now, which is evidently an exaggerated statement, as this would bring the pond up to the fort; and in cross-examination he says, the pond is a chain further to the west now. 'Wiley says the pond has moved a little to the west. McDonald says the pond is not half as long now as it was, --the outlet is a chain further west now. Sullivan says the surf and sand have filled up the east end of the pond more than the west, --the outlet is a chain further west now. This all the testimony, and it obviously does not account for the three chains by which the measurement in 1867 exceeds the six chains. While I think that witnesses should not be strictly confined on such a point, it is yet strange that if the fact warranted it, none out of so many came to a nearer explanation of the existing disparity in the distance. An explanation is furnished by Austen, who last year went on the ground to ascertain its present aspects. He says, "the fort is on elevated more

Product details

  • Paperback | 210 pages
  • 189 x 246 x 11mm | 386g
  • United States
  • English
  • black & white illustrations
  • 123680886X
  • 9781236808868