New Brunswick Ry. Co. v. Kelly

New Brunswick Ry. Co. v. Kelly

Registration of the defendant's deed gave her priority and the evidence failed to prove the requisite actual notice to make her conduct fraudulent; constructive or inferential evidence (loose conversations, possession) was insufficient to postpone her registered conveyance.

Source-derived case information.

Citation
(1896) 26 SCR 341
Parties
Plaintiff/appellant: The New Brunswick Railway Company; Plaintiff/appellant: David Brown; Defendant/respondent: Margaret Eliza Kelly
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
18 May 1896
Procedural Posture
Equity Registry/priority of Title Dispute / Appeal to the Supreme Court of Canada From the Supreme Court of New Brunswick
Outcome
Appeal dismissed with costs.
Legal Topics
Priority of Registered Deeds, Notice, Registration, Postponement of Conveyance
Source Language
english
Property Equity Registry Law Priority of Registered Deeds Notice Registration Postponement of Conveyance

Source-derived case record

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Parties

The New Brunswick Railway Company

Plaintiff/appellant

David Brown

Plaintiff/appellant

Margaret Eliza Kelly

Defendant/respondent

Procedural Posture

Equity Registry/priority of Title Dispute / Appeal to the Supreme Court of Canada From the Supreme Court of New Brunswick

Legal Issues

  1. 1 Whether the defendant had actual notice of the earlier unregistered conveyance sufficient to postpone her subsequently registered deed
  2. 2 Whether admissions in loose conversation and possession amount to actual or constructive notice
  3. 3 Whether constructive notice is sufficient to defeat priority conferred by registration

Ratio Decidendi

Registration of the defendant's deed gave her priority and the evidence failed to prove the requisite actual notice to make her conduct fraudulent; constructive or inferential evidence (loose conversations, possession) was insufficient to postpone her registered conveyance.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.
  • Decree of Mr Justice Fraser postponing the defendant's deed was set aside and the dismissal by the Supreme Court of New Brunswick was affirmed.