Samson v. Décarie

Samson v. Décarie

Priority of registration governs between competing purchasers who derive title from the same legal source: a registered deed held by a purchaser for value prevails against an earlier unregistered verbal sale (or its subsequent judgment); a deposited bordereau of a verbal sale is not equivalent to registration of a...

Source-derived case information.

Citation
(1921) 63 SCR 11
Parties
Appellant / Plaintiff: O. Samson; Respondent / Defendant: Alphonse Décarie
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
21 November 1921
Procedural Posture
Appeal Petitory Action / Real Property Dispute / Final Appeal to the Supreme Court of Canada
Outcome
Appeal dismissed; judgment of the Court of King's Bench affirmed
Legal Topics
Sale of Immovable Property, Priority of Registration, Registration of Instruments Vs. Titles, Fraud in Conveyancing, Res Judicata, Lis Pendens
Source Language
english
Property Law Registration Law Civil Procedure Sale of Immovable Property Priority of Registration Registration of Instruments Vs. Titles Fraud in Conveyancing Res Judicata +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

O. Samson

Appellant / Plaintiff

Alphonse Décarie

Respondent / Defendant

Procedural Posture

Appeal Petitory Action / Real Property Dispute / Final Appeal to the Supreme Court of Canada

Legal Issues

  1. 1 Whether registration of a bordereau/notice of a verbal sale constitutes registration of a right against third parties
  2. 2 Whether knowledge of an unregistered prior sale defeats a subsequently registered title
  3. 3 Whether two purchasers derive their titles from the same person under art. 2089 C.C.

Ratio Decidendi

Priority of registration governs between competing purchasers who derive title from the same legal source: a registered deed held by a purchaser for value prevails against an earlier unregistered verbal sale (or its subsequent judgment); a deposited bordereau of a verbal sale is not equivalent to registration of a real right; mere knowledge of the earlier unregistered sale does not defeat the registered title absent proof of fraud or collusion.

Court Disposition

Appeal dismissed; judgment of the Court of King's Bench affirmed

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of King's Bench (Quebec) affirmed