Reports of Cases Volume 5

Reports of Cases Volume 5

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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. 1894 edition. Excerpt: ...sides thereof, neither the Crown itself nor any person coming in under the Crown could then dispute them. Verdict for the defendant. Jack now moved for a new trial, on the ground of misdirection, and contended that if parties agree to make a line they were not precluded from shewing error in it. At the time Burnett's line was run both parties supposed it correct, and the lessor of the plaintiff admitted it was so; but it since appeared that such line was very erroneous, and the lessor was not estopped from taking advantage of it: he was no party to the Crown grant subsequently made. Have the Crown and the lessor a right to fix boundaries where the Crown grant does not warrant them? Suppose that immediately after the line was run, the lessor had discovered it was erroneous, would it not be open to him to remedy the error in reasonable time? Per Guriam. The lessor permits the Crown to make a subsequent grant predicated upon Burnett's survey, which he himself had assented to, and makes no objection to this line for upwards of sixteen years. The Crown must unquestionably be deemed in possession of the locus in quo until the grant came out in 1828, under Burnett's survey, and then the grantees under the first grant were in possession of it.1 Lawrence v. M'Dowall,2 and Doe dem. Carr v. M'Cullough,3 are against the lessors of the plaintiflf. Sixteen years is not a reasonable time within which to rectify such error. This was an application in Michaelmas term last, under the act 6 Wm. 4, c.41, s. 13, to relieve bail in a limit bond. The principal facts were, that in March or April, 1845, Allan being in gaol on mesne process for 16 and upwards, requested Hayne to become bail for the limits, which was more

Product details

  • Paperback | 262 pages
  • 189 x 246 x 14mm | 472g
  • United States
  • English
  • black & white illustrations
  • 1236834348
  • 9781236834348