Supreme Court of Canada
Ettinger v. Atlantic Lumber Co., (1919) 59 S.C.R. 649
Date: 1919-04-09
Ettinger v. Atlantic Lumber CO.
1919: March 3, 4; 1919: April 9.
Present: Sir Louis Davies C.J. and Idington, Anglin, Brodeur and Mignault JJ.
ON APPEAL FROM THE SUPREME COURT OF NOVA SCOTIA.
Trespass—Title to land—Onus—Proof of title.
APPEAL from a decision of the Supreme Court of Nova Scotia, reversing the judgment at the trial in favour of the plaintiff.
The appellant brought action for trespass on his land and cutting and hauling away of timber. The lots of the two parties are adjoining and both claim title through different grantees under grants made in 1817. In the grants the lands are described by reference to marks on the ground which have disappeared.
The plaintiff failed to establish the northern line of his lot, but the trial judge found that the southern line was proved and with that he was able to identify the whole lot. His judgment for the plaintiff was, however, reversed by the full court which held that he was in error as to the starting point of the southern line and dismissed the action.
The Supreme Court of Canada after hearing counsel and reserving judgment dismissed the appeal.
Appeal dismissed with costs.
Henry K.C. and Sangster for the appellant.
Paton K.C. and Hanway for the respondents.
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