Boulton v. Boulton

Boulton v. Boulton

The recital in the agreement did not estop the respondent; the husband had expressly refused to assign the chattels to the creditor and therefore could validly transfer them to his wife as part of the consideration for her conveyance of land; the bill of sale was bona fide and the respondent was entitled to the...

Source-derived case information.

Citation
(1898) 28 SCR 592
Parties
Defendants Appellants: Paul F. Boulton and Others; Plaintiff Respondent: Louisa L. Boulton
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
14 June 1898
Procedural Posture
Civil Appeal / Supreme Court of Canada Judgment on Appeal From the Court of Appeal for Ontario
Outcome
Appeal dismissed with costs.
Legal Topics
Estoppel, Fraudulent Conveyance, Bill of Sale, Vendor's Lien, Mortgage Indemnity, Interpleader
Source Language
english
Property Equity Evidence Contract Estoppel Fraudulent Conveyance Bill of Sale Vendor's Lien +2 more

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Summary, issues, holding and outcome

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Parties

Paul F. Boulton and Others

Defendants Appellants

Louisa L. Boulton

Plaintiff Respondent

Procedural Posture

Civil Appeal / Supreme Court of Canada Judgment on Appeal From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether a recital in an agreement estops a non‑party and prevents a subsequent bona fide transfer to that non‑party
  2. 2 Whether the bill of sale from the husband to the wife was fraudulent as against the creditor
  3. 3 Whether the respondent was entitled to indemnity against mortgage liability and a vendor's lien

Ratio Decidendi

The recital in the agreement did not estop the respondent; the husband had expressly refused to assign the chattels to the creditor and therefore could validly transfer them to his wife as part of the consideration for her conveyance of land; the bill of sale was bona fide and the respondent was entitled to the goods and to indemnity with a vendor's lien.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.
  • Respondent entitled to possession of the goods and to indemnity against the mortgage; vendor's lien granted on the land to secure the indemnity.