The King v. Price Bros & Co. Ltd.

The King v. Price Bros & Co. Ltd.

Majority held that on the evidence the 1693 grant describes a single lake (the upper lake) with one league of land around it; post litem motam surveys and maps were insufficient to extend the grant to the three connected bodies of water, maps are weak evidence without independent corroboration, and the sheriff’s sale language and contemporaneous licences support the narrower interpretation; appeal allowed and petition dismissed.

Citation
[1926] SCR 28
Parties
Appellant/defendant: His Majesty The King; Respondent/plaintiff: Price Brothers and Company, Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 May 1925
Procedural Posture
Petition of Right Concerning Land Title (property) / Appeal to the Supreme Court of Canada From the Court of King’s Bench (quebec)
Outcome
Appeal allowed; petition of right dismissed
Legal Topics
Interpretation of Historical Grants, Admissibility and Weight of Maps and Surveys, Effect of Sheriff’s Sale Description, Burden of Proof Under Civil Code (art. 1019), Commutation of Feudal Tenure (1855), Public Lands and Crown Records
Source Language
English
Property Law Land Grants Title Disputes Evidence Law Administrative Law Interpretation of Historical Grants Admissibility and Weight of Maps and Surveys Effect of Sheriff’s Sale Description +3 more

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Parties

His Majesty The King

Appellant/defendant

Price Brothers and Company, Limited

Respondent/plaintiff

Procedural Posture

Petition of Right Concerning Land Title (property) / Appeal to the Supreme Court of Canada From the Court of King’s Bench (quebec)

Legal Issues

  1. 1 Whether the 1693 grant of 'un lac appelle Mitis' embraces three connected bodies of water or only one lake and its surrounding league
  2. 2 Evidentiary value and admissibility of maps and post litem motam survey reports (Ballantyne) in construing ancient grants
  3. 3 Effect of the 1855 commutation and later Crown maps on the original grant's scope

Ratio Decidendi

Majority held that on the evidence the 1693 grant describes a single lake (the upper lake) with one league of land around it; post litem motam surveys and maps were insufficient to extend the grant to the three connected bodies of water, maps are weak evidence without independent corroboration, and the sheriff’s sale language and contemporaneous licences support the narrower interpretation; appeal allowed and petition dismissed.

Court Disposition

Appeal allowed; petition of right dismissed

Orders

  • Appeal allowed with costs
  • Petition of right dismissed with costs