Reports of the Supreme Court of Canada Volume 3

Reports of the Supreme 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. 1880 edition. Excerpt: ... claim fails, she should pay all the costs, as well in the Court below as of this appeal, and it should be referred back to the Court below, with a direction that it be referred to the master to set a value upon such life interest of Mrs. McMinn, with directions to pay that amount, when ascertained, to Mrs. McMinn, and the balance to the appellant, Maria Kearney. I think Mrs. Kean may well be remitted to assert, as she may be advised, in the ordinary way any claim she may have, or may think she has, against Mrs. McMinn. THE CHIEF J USTICE and Fouamna and Tascnsnmu, J..I., concurred. The minutes of the order as finally approved were as follows: ALLOW the appeal of Francis Kearney and Maria, his wife. ORDER that the rule of the Court below of the 2nd March, 1878, be reversed and discharged. DECLARE that the respondent Ann Kean is not _ entitled to any part of the sum of $2310 remaining in the Supreme Court of Nova Scotia in this matter. DECLARE that the said appellants Francis Kearney and Maria his wife, in the right of the said Maria, are entitled to the whole of the said sum of $2310, less the capitalised value of the life interest of Mary McMinn, in the occupation of the two rooms in the dwelling house reserved by the lease executed by her to the said Francis Kearney and Maria, his wife, bearing date the 1st day of May, 1872, in the proceedings in this matter mentioned. ORDER that it be referred to the master of the Supreme Court of Nova Scotia, in case the parties differ, to set a capitalised value upon such life interest of the said Mary McMinn in the said two rooms. ORDER that such value, when so agreed upon, or ascertained, be paid out of the said sum of $2310 to the said Mary Mc Minn. DECLARE that the residue of the said sum of...show more

Product details

  • Paperback | 220 pages
  • 189 x 246 x 12mm | 399g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236751310
  • 9781236751317