Reports of the Supreme Court of Canada Volume 25

Reports of the Supreme Court of Canada Volume 25

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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. 1896 edition. Excerpt: ..._ _. therefore under the sher1fl"s deed Thomas D. and Blowers Archibald obtained title to it, and when they came to mortgage the Cameron and Ferris lots they took the description of the lots in their own deed and gave an alternative or further description only. This alternative description does not in terms cover more than 5, 6 and the " ballast heap " lots, and if the words do include anything beyond these the last words should be rejected, as falso demonstratio. The equity of redemption passed to defendant, Peter Imrie, subject to the mortgage. The deed will be construed by the state of the property at the time it was made, and the court should hear extrinsic evidence to explain the description. Brady v. Sadler (1); Templeman v. Martin (2); Hubbard v. Hubbard (3); Cox v. Friedly (4); Hall v. Lund (5); Washburn on Real Property (6); Broom's Legal Maxims (7). The mortgage describes the property as fronting on Spanish River or Sydney Harbour, and gives the natural boundaries, in favour of which a presumption exists. " Fronting on" is equivalent to bounded by, and is quite unlike "fronting." Angell on Vater Courses (8). Where land intervenes-between a building or lot and the street, then the bu-ilding or lot cannot be said to "front on" or "abut on" the street. Lightbound v. Bebington Local Board (9); Newport Sanitary Authority v. Graham (10); Wakefield Local Board v. Lee (11). In Litch/ield v. Scituate (12) it was held that the words " bounded by the sea" or "by the harbour " takes, in 1894 that State, to low water. In this country it would be IKE to ordinary high water mark. In Washburn on Real ARCH';-BALD. Property (1), a case is more

Product details

  • Paperback | 230 pages
  • 189 x 246 x 12mm | 417g
  • United States
  • English
  • black & white illustrations
  • 1236765761
  • 9781236765765