Doyle v. McPhee

Doyle v. McPhee

The terminal reference in the deed ('unto the western end of the railway station ground') controls over the stated measurement of about twelve rods; the grant must be construed to extend to the western end of the station ground as shown by the plan, so the strip is not limited to twelve rods.

Source-derived case information.

Citation
(1895) 24 SCR 65
Parties
Appellant/defendant: Patrick Doyle; Respondent/plaintiff: Alexander G. McPhee; Respondent/plaintiff: Henry F. Donaldson
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
15 January 1895
Procedural Posture
Civil Appeal / Appeal to the Supreme Court of Canada From the Supreme Court of Nova Scotia; Judgment Below Affirmed Verdict for Plaintiffs at Trial
Outcome
Appeal allowed with costs; decision of the Supreme Court of Nova Scotia reversed; judgment entered for the defendant in the court below.
Legal Topics
Deed Interpretation, Land Description, Boundary/extent of Grant, Railway Land Acquisition
Source Language
english
Contract Real Property Property Law Deed Interpretation Land Description Boundary/extent of Grant Railway Land Acquisition

Source-derived case record

Summary, issues, holding and outcome

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Parties

Patrick Doyle

Appellant/defendant

Alexander G. McPhee

Respondent/plaintiff

Henry F. Donaldson

Respondent/plaintiff

Procedural Posture

Civil Appeal / Appeal to the Supreme Court of Canada From the Supreme Court of Nova Scotia; Judgment Below Affirmed Verdict for Plaintiffs at Trial

Legal Issues

  1. 1 Whether the strip of land described in the deed is limited by the stated measurement of about twelve rods or by the terminal point described as the western end of the railway station ground
  2. 2 How to resolve conflicting descriptive and measured elements in a deed of conveyance
  3. 3 Whether the plaintiff's subsequent deed description confirms the terminal point interpretation

Ratio Decidendi

The terminal reference in the deed ('unto the western end of the railway station ground') controls over the stated measurement of about twelve rods; the grant must be construed to extend to the western end of the station ground as shown by the plan, so the strip is not limited to twelve rods.

Court Disposition

Appeal allowed with costs; decision of the Supreme Court of Nova Scotia reversed; judgment entered for the defendant in the court below.

Orders

  • Appeal allowed with costs
  • Judgment entered for the defendant in the court below