Brookfield v. Brown

Brookfield v. Brown

The owner of the equity of redemption at the time the trespass and injury to the freehold occurred can maintain an action for that injury under the fused jurisdiction of law and equity even if he transferred his equity before suit; mortgagees who have been paid off or have transferred their interest lack locus standi to sue for that past tort.

Citation
(1893) 22 SCR 398
Parties
Defendant/appellant: Samuel M. Brookfield; Defendant/appellant: Alfred B. Sheraton; Plaintiff (first Mortgagee): Charles E. Brown; Plaintiff (third Mortgagee and Mortgagee in Possession): Horton; Plaintiff (owner of Equity of Redemption at Time of Trespass): Robinson; Plaintiff (assignee of Equity and Third Mortgage): Hesslein
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 November 1893
Procedural Posture
Civil Appeal (trespass to Property; Mortgage Dispute) / On Appeal to Supreme Court of Canada From Supreme Court of Nova Scotia (final Judgment)
Outcome
Appeal dismissed with costs; judgment for plaintiff who was owner of the equity of redemption at the time of the trespass affirmed by majority
Legal Topics
Trespass, Fixtures, Equity of Redemption, Mortgagee Rights, Locus Standi, Estoppel
Source Language
English
Civil Procedure Property Law Mortgage Law Tort Law Equity Trespass Fixtures Equity of Redemption +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Samuel M. Brookfield

Defendant/appellant

Alfred B. Sheraton

Defendant/appellant

Charles E. Brown

Plaintiff (first Mortgagee)

Horton

Plaintiff (third Mortgagee and Mortgagee in Possession)

Robinson

Plaintiff (owner of Equity of Redemption at Time of Trespass)

Hesslein

Plaintiff (assignee of Equity and Third Mortgage)

Procedural Posture

Civil Appeal (trespass to Property; Mortgage Dispute) / On Appeal to Supreme Court of Canada From Supreme Court of Nova Scotia (final Judgment)

Legal Issues

  1. 1 Whether owner of the equity of redemption at the time of trespass can maintain an action for trespass and injury to the freehold after transferring his interest before suit
  2. 2 Whether mortgagees out of possession whose interest has ceased can maintain an action for trespass committed while they held title
  3. 3 Whether a mortgagee in possession who consented to a prior sale of chattels is estopped from suing the tortfeasors who removed fixtures

Ratio Decidendi

The owner of the equity of redemption at the time the trespass and injury to the freehold occurred can maintain an action for that injury under the fused jurisdiction of law and equity even if he transferred his equity before suit; mortgagees who have been paid off or have transferred their interest lack locus standi to sue for that past tort.

Court Disposition

Appeal dismissed with costs; judgment for plaintiff who was owner of the equity of redemption at the time of the trespass affirmed by majority

Orders

  • Appeal dismissed with costs.
  • Judgment affirmed in favour of Robinson (owner of the equity of redemption at time of trespass) against the defendants for trespass and injury to the freehold.