Reports of the Supreme Court of Canada Volume 27

Reports of the Supreme Court of Canada Volume 27

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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. 1897 edition. Excerpt: ...is only given by a party who is a proprietor, and who has a title. This court cannot come to the help of respondent. His record leaves him charged with forging the will of his wife, procuring two witnesses who perjured themselves when the will was proved, and with having entrapped his son in a deed. in which he had him to falsely declare that he had been rendered an account and by this means to spoilate him of all he owned. A. Geoflrion for the respondent. The deed set up against the respondent vvas an agreennent to quiet differences and claims disputed and doubtful, it was a "transaction," and respondent had no interest to otject to or deny vvhat vvas entered there by those who drafted it. Now that it has failed to quiet these disputes, it cannot be contended that anything was then judicially admitted. Respondent is not estopped from contradicting What it alleges now that he has an interest in doing so; he had no such object at the time. Moreover this deed when annulled ceased to exist for all purposes and has, since it became a nullity, no effect as an admission or as creating a presumption in any manner. See Fuzier-Herman (1). As to the Will, the admissions are to the effect that respondent was actually owner of the disputed lots before the death of the testatrix and she only bequeaths other property belonging to her. It was an instrument declaratory of their individual rights executed between the husband and wife contrary to the provisions of the code forbidding contracts between con. sorts. The constructive confession of facts by default to answer interrogatories, is not a direct admission; it is merely an incident in the suit and available in the particular suit only in which the default is recorded. The will was a...show more

Product details

  • Paperback | 234 pages
  • 189 x 246 x 12mm | 426g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236974816
  • 9781236974815