Supreme Court of Canada
Ferguson v. Innes, 24 S.C.R. 703
Date: 1895-03-11
Ferguson
and
Innes
1894: October 23; 1895: March 11.
Present: Sir Henry Strong C.J., and
Taschereau, Gwynne, Sedgewick and King JJ.
Title to
land—Boundaries—Evidence—Prescription.
APPEAL from a decision of the Court of Appeal
for Ontario,
reversing the judgment of the Divisional Court in favour of the appellants.
The plaintiffs (respondents) were the Rector and
Wardens of St. Paul Church, London, Ont., and brought the action for possession
of land fenced in by defendants who pleaded title to a part of said lands and a
right of way over the remainder. The Court of Appeal reversed the decision of
the Chancery Division and gave judgment for plaintiffs who, however, were not
satisfied as they claimed a greater width of land than the judgment allowed and
they brought a cross-appeal to defendant’s appeal from such judgment.
The appeal and cross-appeal were dismissed with
costs, the court adopting the reasoning of Mr. Justice Maclennan in the Court
of Appeal.
Appeal and cross-appeal dismissed with
costs.
Purdom for the appellants.
Bayly Q.C. for the respondents.
Email this Content