Supreme Court of Canada
Flatt v. Ferland, (1892) 21 SCR 32
Date: 1892-06-02
JOHN IRA FLATT, et al
v .
F. F. FERLAND, et al.
1892: June 2
PRESENT :—Sir W. J. Ritchie C.J. and Strong. Taschereau, Gwynne and Patterson JJ.
Fraudulent conveyance— Action to set aside by a creditor—Amount incontroversy—Appeal—Jurisdiction—R.S.C. ch. 135 s. 29.
APPEAL from a decision of the Court of Queen's Bench for Lower Canada (appeal side).
In December 1889, F. F. Ferland, a trader, sold to Gauthier one of the respondents, certain real estate in Montreal which was mortgaged for $7,000, for $8,000 with a right of reméré for one year.
In January 1890 F. F. Ferland made an assignment and Ira Flatt et al creditors of Ferland in the sum of $1,880 brought an action against Gauthier to have the deed of sale of the property which was valued at over $110000 set aside as made in fraud of his creditors. G. pleaded that he was willing to return the property upon payment of the sum of $1 000 which he had advanced to F. and the courts below dismissed F. et al.'s action. On appeal to the Supreme Court of Canada :
The court held that as the appellants' claim was under $2,000 and that they did not represent Ferland's creditors, the amount in controversy was insufficient to make the case appealable. R. S. C. ch. 135 s. 29.
Appeal quashed with costs.
Brosseau for appellants.
Belcoúrt for respondents.
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