Supreme Court of Canada
Caldwell v. Kenny, 24 S.C.R. 699
Date: 1895-01-15
Caldwell
and
Kenny
1894: October 19, 20; 1895: January 15.
Present: Sir Henry Strong C.J., and
Taschereau, Gwynne, Sedgewick and King JJ.
Title to land—Boundaries—Road allowance—Evidence.
APPEAL from a decision of the Court of Appeal
for Ontario,
reversing the judgment of the Divisional Court in favour of the defendant.
The action in this case was for possession of
land, the parties being at issue as to the boundaries between their adjoining
properties. The decision of the issue depended upon the existence or
non-existence of a road allowance between the lots, and the trial judge held
that proof of certain monuments having been placed on the lots by early
surveyors was incompatible with its existence. His decision was reversed by the
Court of Appeal.
The Supreme Court held that the evidence was
sufficient to show that there was a road allowance and that the decision of the
trial judge was rightly overruled.
Appeal dismissed with costs.
Robinson Q.C. and Hewson for the
appellant.
McCarthy Q.C. and Pepler Q.C. for the
respondent.
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