Reddy v. Strople

Reddy v. Strople

Where a deed description is reasonably susceptible of two constructions and one reading would produce anomalies (including improperly including land of another) while the other avoids such difficulties and is supported by the contemporaneous conduct and treatment of the parties, the description should be construed in accordance with the latter; here the crossway meant the second bridge and the judgment for the plaintiff below is restored.

Citation
(1911) 44 SCR 246
Parties
Plaintiff Appellant: John Reddy; Defendant Respondent: George R. Strople
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
3 April 1911
Procedural Posture
Trespass to Land Title Dispute (deed Construction) / Appeal to Supreme Court of Canada From Supreme Court of Nova Scotia
Outcome
Appeal allowed; judgment of trial court restored in favour of plaintiff (Reddy)
Legal Topics
Deed Interpretation, Ambiguity and Latent Equivocation, Extrinsic Evidence and Contemporaneous Construction, Boundary Identification, Admissions and Acquiescence
Source Language
English
Property Law Real Property Boundary Disputes Contract (deeds) Deed Interpretation Ambiguity and Latent Equivocation Extrinsic Evidence and Contemporaneous Construction Boundary Identification +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

John Reddy

Plaintiff Appellant

George R. Strople

Defendant Respondent

Procedural Posture

Trespass to Land Title Dispute (deed Construction) / Appeal to Supreme Court of Canada From Supreme Court of Nova Scotia

Legal Issues

  1. 1 Whether the term 'a crossway in the public highway' in the deed refers to the first or second crossway encountered on the highway
  2. 2 Whether the deed is unambiguous in its primary meaning or admits of latent ambiguity permitting resort to extrinsic evidence
  3. 3 Whether the construction should avoid including land not owned by the grantor and give weight to parties’ post-deed conduct

Ratio Decidendi

Where a deed description is reasonably susceptible of two constructions and one reading would produce anomalies (including improperly including land of another) while the other avoids such difficulties and is supported by the contemporaneous conduct and treatment of the parties, the description should be construed in accordance with the latter; here the crossway meant the second bridge and the judgment for the plaintiff below is restored.

Court Disposition

Appeal allowed; judgment of trial court restored in favour of plaintiff (Reddy)

Orders

  • Appeal allowed with costs
  • Judgment of the trial judge restored