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The Nova Scotia Reports; Containing Reports of Cases Argued and Determined in the Supreme Court of Nova Scotia ... Volume 11

The Nova Scotia Reports; Containing Reports of Cases Argued and Determined in the Supreme Court of Nova Scotia ... Volume 11


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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. 1879 edition. Excerpt: ...Lwngille and Langille to R. F. Jodrey when an infant, that transferred a title to him?" Second--" What was the character of the defendant's possession of the land in question?" As regards the first question, nobody reading the case of Eavton v. Scott, 6 Sim. 4-1, and othcis of that class can doubt that actual tradition of an executed deed to any person is not essential to its validity; a contention that the execution of the deed in question was not absolute in its nature is excluded by the evidence. I assume then, as the efl'ect of the transaction testified to by old La'ngille--tha.t the title was efiectually conveyed to the then infant, R. F. Jodreg/. In relation to the second question it becomes absolutely necessary to inquire whether it appears that the deed above referred to ever came into the hands of the defendant. If it did, it must be taken that possession of the land by him at any time before the infant attained full age was a possession for and of the son. In that case he would be, in efiect, a trustee for the youth to whom the conveyance was made at his suggestion. If the deed did not come to his hands then, I am not aware of any principle of law that would authorize this court, under the evidence which excludes the notion of an express, actual, trust, to regard the defendant's possession during the period last mentioned as the possession of the son. Now, it is not a. proved fact that possession was taken by the defendant for the son, nor that any occurrence, of a fiducial nature, or otherwise, ever took place between the father and the son in relation to the land. For some seven years next previous to the latter attaining full age, he is shown to have been absent from the country, and while in it...


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Product Details
  • ISBN-13: 9781230035697
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 234
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 1230035699
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 426 gr


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The Nova Scotia Reports; Containing Reports of Cases Argued and Determined in the Supreme Court of Nova Scotia ... Volume 11
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