Reports of Cases Adjudged in the Court of Error and Appeal

Seitenzahl:

94

Gewicht:

150 g

Erschienen bei:

Cambridge Scholars Publishing

Kurzbeschreibung

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: [Before the Hon. John Beverley Robinson, Chief Justice, the Hon. William Hume Blake, Chancellor, the Hon. James Buchanan Macaulay, C. J. C. P., the Hon. Mr. Justice McLean, the Hon. Air. Justice Draper, the Hon. Mr. Justice Sullivan, the Hon. Vice- Chancellor Esten,the Hon. Mr. Justice Burns, and the Hon. Vice-Chancellor Spragge.] On An Appeal From The Court Of Queen's Bench. Doe Dem. Henderson v. Westover. Held, on appeal from the judgment of the court below, that the purchaser from the government of a clergy reserve, upon which he has paid an instalment of his purchase money, and obtained the usual receipt from the Crown Lands Department, has a right to obtain possession against any one in the occupation, and that, although the occupant may have subsequently obtained the receipt of the Commissioner of Crown Lands; the Crown, under such circumstances, being bound by the contract made by the department with the first purchaser. [blake, C., Esten and Spragge, V.CC., dissenting.] Statement.?This was an an appeal from a judgment of the Court of Queen's Bench, brought by the defendant in the action. The facts giving rise to the case, as also the grounds of appeal, are distinctly stated in the judgment delivered by his Lordship, the Chancellor. Mr. Baldwin, Q.C., and Mr. S. Richards for the appellants. Mr. John Hillyard Cameron, Q.C., and Mr. Galt, for the respondents. Robinson, C.J.?I continue of the opinion that the plaintiff was entitled to recover, for the reasons given by me in the court below. Though a person has in many cases difficulty inenforcing a right against the Crown, having no adequate remedy that he can pursue, on account of the prerogative which exempts the Crown from direct responsibility to the legal and equitable tribunals, and prevents th...

Mehr über...

Mehr von: 

Mehr von:  Alexander Grant, Cambridge Scholars Publishing