Pinder Lumber & Milling Co. Ltd. v. Munro

Pinder Lumber & Milling Co. Ltd. v. Munro

The deed from the New Brunswick & Nova Scotia Land Company to Alexander Munro Jr. must be construed to include the Queensbury Gore Lot and, alternatively, plaintiffs' proved possession asserting ownership was sufficient against defendants who proved no title; therefore plaintiffs were entitled to recover for trespass.

Source-derived case information.

Citation
[1928] SCR 177
Parties
Plaintiff/respondent: Pinder Lumber & Milling Co. Ltd. et al; Defendant/appellant: Munro et al
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
17 June 1927
Procedural Posture
Civil Appeal (trespass to Land) / Appeal to Supreme Court of Canada From Supreme Court of New Brunswick, Appeal Division
Outcome
Appeal dismissed; judgment of the Supreme Court of New Brunswick, Appeal Division affirmed.
Legal Topics
Trespass, Possession, Title to Land, Construction of Deed
Source Language
english
Property Law Tort Real Property Trespass Possession Title to Land Construction of Deed

Source-derived case record

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Parties

Pinder Lumber & Milling Co. Ltd. et al

Plaintiff/respondent

Munro et al

Defendant/appellant

Procedural Posture

Civil Appeal (trespass to Land) / Appeal to Supreme Court of Canada From Supreme Court of New Brunswick, Appeal Division

Legal Issues

  1. 1 Whether the deed to Alexander Munro Jr. conveyed the Queensbury Gore Lot
  2. 2 Whether plaintiffs had sufficient possession to maintain an action in trespass against defendants who asserted no title
  3. 3 Whether the pleading that did not explicitly allege possession barred proof of possession at trial

Ratio Decidendi

The deed from the New Brunswick & Nova Scotia Land Company to Alexander Munro Jr. must be construed to include the Queensbury Gore Lot and, alternatively, plaintiffs' proved possession asserting ownership was sufficient against defendants who proved no title; therefore plaintiffs were entitled to recover for trespass.

Court Disposition

Appeal dismissed; judgment of the Supreme Court of New Brunswick, Appeal Division affirmed.

Orders

  • Appeal dismissed with costs.
  • Judgment for plaintiffs in the amount of $2,491.48 affirmed.