Ontario Reports Volume 36

Ontario Reports Volume 36

List price: US$22.40

Currently unavailable

Add to wishlist

AbeBooks may have this title (opens in new window).

Try AbeBooks

Description

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. 1916 edition. Excerpt: ...21 O.R. 80, which has been overruled by Piper v. Stevenson (1913), 28 O.L.R. 379. The plaintiff never abandoned the land. Abandonment is a matter of intention: Piper v. Stevenson, ante. The paper title has been proved and admitted. The Supreme Court of Canada in Sherren v. Pearson (1887), 14 S.C.R. 581, at p. 585, laid down that "to enable the defendant to recover he must shew an actual possession, an occupation exclusive, continuous, open or visible and notorious for 20 (10) years. It must not be equivocal, occasional, or for a special or temporary purpose." As to the words "more or less" covering the 3.12 acres, I am of opinion that the cases are clear that the defendant can make no such claim. He purchased 25 acres, and that he has got. Further, his deed calls for the east half of the south-west quarter of lot 6, 25 acres, and that he has got. 1;. Wilson Lumber C0. v. Simpson (1910), 22 O.L.R. 452, it was held that, while there was a deficiency of 11 feet 6 inches in the depth of the land sold, 98 feet 6 inches instcad_'of 110 feet, the purchase-price being a bulk sum, not a price per foot, the words "more or less," added to the statement of the depth, controlled that statement, so that the plaintiffs were not entitled to compensation for the deficiency--the difference not being so great as to raise the presumption of fraud or gross mistake. The learned Judge then quoted from the judgment of Sir William Meredith, C.J.C.P., in that case, at pp. 458 and 459, and referred to the affirmance of _it by a Divisional Court (1911), 23 O.L.R. 253. In Flight v. Booth (1834), 1 Bing. N.C. 370, the rule is stated as follows, at p. 377: "In this state of discrepancy between the decided cases, we think it is, ...show more

Product details

  • Paperback | 272 pages
  • 189 x 246 x 14mm | 490g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123685182X
  • 9781236851826