Grace v. Kuebler and Brunner

Grace v. Kuebler and Brunner

Under the Alberta Land Titles Act and established equitable principles, payments by the purchasers to their vendor made without notice of the assignment were valid and discharged the purchasers' debt; registration of a caveat by the assignee did not constitute the requisite notice to the purchasers; therefore the assignee could not recover the purchase moneys and the purchasers are entitled to have the land conveyed to them; appeal dismissed.

Citation
(1917) 56 SCR 1
Parties
Plaintiff/appellant: Arthur M. Grace; Defendant/respondent: Walter A. Kuebler; Defendant/respondent: Carl Brunner; Defendant/respondent: Freda Brunner
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
9 October 1917
Procedural Posture
Civil Appeal Specific Performance (sale of Land) / Final Appeal to the Supreme Court of Canada From Appellate Division of the Supreme Court of Alberta
Outcome
Appeal dismissed with costs; lower court judgment affirmed.
Legal Topics
Assignment of Chose in Action, Caveat, Notice to Debtor/purchaser, Specific Performance, Effect of Registration
Source Language
English
Property Law Equity Land Titles Contract Law Assignment of Chose in Action Caveat Notice to Debtor/purchaser Specific Performance +1 more

Case Brief

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Parties

Arthur M. Grace

Plaintiff/appellant

Walter A. Kuebler

Defendant/respondent

Carl Brunner

Defendant/respondent

Freda Brunner

Defendant/respondent

Procedural Posture

Civil Appeal Specific Performance (sale of Land) / Final Appeal to the Supreme Court of Canada From Appellate Division of the Supreme Court of Alberta

Legal Issues

  1. 1 Whether payment by purchaser to vendor without notice of assignment discharges purchaser
  2. 2 Whether registration of a caveat under the Alberta Land Titles Act constitutes notice to the purchaser
  3. 3 Whether an assignee who registers a caveat can recover purchase money after purchasers paid the vendor in ignorance of the assignment

Ratio Decidendi

Under the Alberta Land Titles Act and established equitable principles, payments by the purchasers to their vendor made without notice of the assignment were valid and discharged the purchasers' debt; registration of a caveat by the assignee did not constitute the requisite notice to the purchasers; therefore the assignee could not recover the purchase moneys and the purchasers are entitled to have the land conveyed to them; appeal dismissed.

Court Disposition

Appeal dismissed with costs; lower court judgment affirmed.

Orders

  • Appeal dismissed with costs
  • Judgment of the Appellate Division of the Supreme Court of Alberta affirmed