Reports of the Exchequer Court of Canada Volume 3

Reports of the Exchequer Court of Canada Volume 3

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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. 1893 edition. Excerpt: ... for some remedy that they were entitled to, of 02."" in an action which took place some years ago, the remedy cannot be asked for at a later date. No authority is cited for this proposition. Fourthly, with regard to my learned friend's contention, that the court here has no power over the Registrar-General of Titles to compel him to do what we ask, we saw no use in making him a party. BURBlDGE, .I.--Why did you not register the judgment you obtained in the Supreme Court of Canada? We have no means of doing that. The deed from Farwell to Prevost, and back from Prevost to Farwell, gives a good title., Fifthly, as to the question of estoppel, there should be no doubt about it. It was more than a question of possession in the first action. It was a question of title and nothing more or less. Mr. Farwell pleaded his patent as he had a perfect right to do. He pleaded his title in the first action and the court decided against him. The court decided that he had no title, and is that matter to be litigated over again? The Crown has a prerogative right to compel a defendant to show his title, and the defendant could not in an action rely merely on his possession of the land. (Cites Friend v. The Duke of Richmond (1) and Chilly on Prerogatives) (2). The judgment would not bind a stranger, but it would be an estoppel against the defendant and every one claiming under him. (Cites Outram v. Morewood) (3). (1) Hardres' Ex. R. 460. (2) P. 332. (3) a Em 345. The Precious Metals Case (1) only goes so far as to decide which G-0vernment--the Provincial or the Dominion--owns the precious metals in the railway lands. Now, my learned friend goes so far as to say that the Dominion does not own the fee. I do not see anything in the cases to...show more

Product details

  • Paperback | 166 pages
  • 189 x 246 x 9mm | 308g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236783581
  • 9781236783585