Giegerich v. Fleutot

Giegerich v. Fleutot

The nine-tenths transfer was champertous because it was made pursuant to an arrangement to maintain the suit and therefore the court will not assist one claiming under that title; the transfer of the remaining one-tenth was for good consideration, severable from the illegal part, and therefore valid and enforceable.

Citation
(1904) 35 SCR 327
Parties
Appellant/plaintiff: Henry Giegerich; Respondent/defendant: Jules Justin Fleutot
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
21 November 1904
Procedural Posture
Appeal From Supreme Court of British Columbia / Decision on Appeal
Outcome
Appeal and cross-appeal dismissed with costs; transfer of nine-tenths declared champertous and unenforceable; transfer of one-tenth declared valid and enforceable.
Legal Topics
Title to Land, Champerty, Maintenance, Assignment of Judgment, Severability of Transactions
Source Language
English
Property Law Equity Title to Land Champerty Maintenance Assignment of Judgment Severability of Transactions

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Parties

Henry Giegerich

Appellant/plaintiff

Jules Justin Fleutot

Respondent/defendant

Procedural Posture

Appeal From Supreme Court of British Columbia / Decision on Appeal

Legal Issues

  1. 1 Whether the transfer of nine-tenths of Briggs' interest to Giegerich was champertous and bars equitable assistance
  2. 2 Whether the transfer of the remaining one-tenth was valid and severable from the champertous transfer
  3. 3 Whether a claimant under an illegal conveyance can enforce a prior judgment against an assignee or prior interest holder

Ratio Decidendi

The nine-tenths transfer was champertous because it was made pursuant to an arrangement to maintain the suit and therefore the court will not assist one claiming under that title; the transfer of the remaining one-tenth was for good consideration, severable from the illegal part, and therefore valid and enforceable.

Court Disposition

Appeal and cross-appeal dismissed with costs; transfer of nine-tenths declared champertous and unenforceable; transfer of one-tenth declared valid and enforceable.

Orders

  • Appeal dismissed with costs
  • Cross-appeal dismissed with costs