Annable v. Conventry

Annable v. Conventry

The transfer and resulting certificate of title obtained by the appellant were procured by fraud (he took and registered an executrix’s transfer knowing or must have known of the prior sale and possession by the respondent); accordingly the certificate must be cancelled and the appeal dismissed; appellate courts may overturn trial findings on fraud when the evidence and argument demonstrate error.

Citation
(1912) 46 SCR 573
Parties
Appellant / Defendant: G. M. Annable; Respondent / Plaintiff: James H. Coventry
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
4 June 1912
Procedural Posture
Civil Appeal (land Title) / Appeal to the Supreme Court of Canada From the Supreme Court of Saskatchewan (en Banc)
Outcome
Appeal dismissed with costs; certificate of title issued to appellant cancelled.
Legal Topics
Cancellation of Certificate of Title, Fraudulent Registration, Possessory Rights, Onus of Proof, Construction and Scope of Land Titles Act S.4
Source Language
English
Property Law Land Titles Equity Fraud Appellate Review Cancellation of Certificate of Title Fraudulent Registration Possessory Rights +2 more

Case Brief

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Parties

G. M. Annable

Appellant / Defendant

James H. Coventry

Respondent / Plaintiff

Procedural Posture

Civil Appeal (land Title) / Appeal to the Supreme Court of Canada From the Supreme Court of Saskatchewan (en Banc)

Legal Issues

  1. 1 Whether the certificate of title obtained by appellant should be cancelled as fraudulently obtained
  2. 2 Whether appellant had notice of respondent’s prior sale and possession
  3. 3 Whether appellate court may review and reverse trial judge’s findings of fact on fraud

Ratio Decidendi

The transfer and resulting certificate of title obtained by the appellant were procured by fraud (he took and registered an executrix’s transfer knowing or must have known of the prior sale and possession by the respondent); accordingly the certificate must be cancelled and the appeal dismissed; appellate courts may overturn trial findings on fraud when the evidence and argument demonstrate error.

Court Disposition

Appeal dismissed with costs; certificate of title issued to appellant cancelled.

Orders

  • Appeal dismissed with costs
  • Certificate of title issued to the appellant cancelled