Reports of Cases Adjudged in the Court of Chancery of Upper Canada Volume 21
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. 1875 edition. Excerpt: ...in the seventh, and therefore added such words as would appear naturally in the patent if this were the case? The Chief Justice of the Queen's Bench, in Juson v. Reynolds ((1), says: "Courts of justice are always inclined to construe deeds so as to give effect to the intention of the parties, and where it appears from the instrument itself and the surrounding circumstances what that intent really was, they reject that which would be inconsistent with the true intent." As authority for the proposition, that a Court in construing a deed or patent is bound to look at such surrounding circumstances as that to which I have referred, see this case, and also Doe dam. Gildersleeve v. Kennedy (b), referred to therein. It is said the best way to expound a description, is to read it on the land. The next best thing to that, is to do as I here propose, namely, read it in the light of that evidence as to locality, and otherwise, given by the surveyor. In Boardman v. Read 5% F0r0Z's lessees (c), .'VIcLean, J., says, " The entire description in the patent must be taken and the identity of the land ascertained by a reasonable construction of the language used. If there be a repugnant call, which, by the other calls of the patent, clearly appears to have been made through mistake, that does not make the patent void." " Words necessary to ascertain the' premises must be retained, but words not necessary for that purpose may be rejected, if inconsistent with the others (eZ)." Except for the reference to the Bryant land in the patent I cannot say there would be any doubt in my mind as to the boundary between these lots. Taking into consideration the way in which, as I 1874-believe, this reference came to...
- Paperback | 214 pages
- 189 x 246 x 11mm | 390g
- 13 Sep 2013
- Illustrations, black and white