Burris v. Rhind

Burris v. Rhind

The reconveyance to William was procured by undue influence and threats by the appellant and must be set aside; Caroline's deed to secure monies advanced created a prior equitable lien for her advances which takes priority; a third‑party creditor cannot enforce the covenants in the original deed between siblings in this action.

Citation
(1899) 29 SCR 498
Parties
Appellant/plaintiff: Samuel Burris; Respondent/defendant: William Rhind; Respondent/defendant: Caroline E. Rhind
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
5 June 1899
Procedural Posture
Civil Appeal (contract/equity) / On Appeal to the Supreme Court of Canada — Final Judgment on Appeal
Outcome
Appeal dismissed with costs; judgment of the Supreme Court of Nova Scotia affirmed (with a minor variation noted concerning ratable claims of creditors).
Legal Topics
Undue Influence, Duress by Threat of Prosecution, Equitable Lien, Mortgage Priority, Third‑party Beneficiary/privity, Registration/acknowledgment of Deeds
Source Language
English
Contract Equity Property Law Trusts Undue Influence Duress by Threat of Prosecution Equitable Lien Mortgage Priority +2 more

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Parties

Samuel Burris

Appellant/plaintiff

William Rhind

Respondent/defendant

Caroline E. Rhind

Respondent/defendant

Procedural Posture

Civil Appeal (contract/equity) / On Appeal to the Supreme Court of Canada — Final Judgment on Appeal

Legal Issues

  1. 1 Whether a reconveyance obtained by threats/undue influence is voidable
  2. 2 Priority between sister's equitable lien and appellant's subsequent mortgage
  3. 3 Whether a third party creditor can enforce a covenant in a deed between other parties (res inter alios)

Ratio Decidendi

The reconveyance to William was procured by undue influence and threats by the appellant and must be set aside; Caroline's deed to secure monies advanced created a prior equitable lien for her advances which takes priority; a third‑party creditor cannot enforce the covenants in the original deed between siblings in this action.

Court Disposition

Appeal dismissed with costs; judgment of the Supreme Court of Nova Scotia affirmed (with a minor variation noted concerning ratable claims of creditors).

Orders

  • Reconveyance from Caroline to William declared void and set aside
  • Declare Caroline entitled to a first equitable lien on the property for $450 with interest (subject to any ratable claims of creditors of Alexander or George under the 28 June 1890 deed)