Fraser;
v.
Fraser
1932: October 6, 7; 1933: February 7.
Present:—Rinfret, Lamont, Smith, Cannon and Crocket JJ.
ON APPEAL FROM THE APPELLATE DIVISION OF THE SUPREME COURT OF
ALBERTA
Trusts—Transfer of land—Oral understanding—Evidence
of—Sufficiency— Claim against estate.
[Page 171]
APPEAL by the plaintiff appellant from the decision of the
Appellate Division of the Supreme Court of Alberta,
allowing (Simmons, C.J.T.D. and Clarke J.A. dissenting) the defendant
respondent's appeal from the judgment of Ewing J. in favour of the plaintiff
appellant.
The trial was upon an issue directed by Ford J. upon an
application by the plaintiff by way of originating notice. The plaintiff's
action was brought against the estate of his deceased father for a portion of
the proceeds of the sale of the father's farm which had been transferred to the
father by the plaintiff.
The trial judge maintained plaintiff's action; but that
judgment was reversed by a majority of the Appellate Division, Mitchell, Lunney
and McGillivray JJ.A.
On the appeal to this Court, after hearing argument of
counsel, the Court reserved judgment, and on a subsequent day delivered
judgment allowing the appeal and restoring the judgment of the trial judge,
with costs out of the estate.
Appeal allowed.
N. D. Maclean K.C. for the appellant.
W. N. Tilley K.C. for the respondents.
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