Drouin v. Morissette

Drouin v. Morissette

The vendor's covenant of warranty was limited to the rights he had actually acquired under the sheriff's deed and did not obligate him to protect the purchaser against eviction by a claimant asserting a prior title; known claims may preclude an action in warranty under the Civil Code of Quebec.

Citation
(1901) 31 SCR 563
Parties
Appellant (defendant in Warranty): Anselme Drouin; Respondent (plaintiff in Warranty): Alphonse Morissette
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
16 November 1901
Procedural Posture
Appeal Concerning Vendor Warranty in Property Action (petitory Action With Demande En Garantie) / Appeal to the Supreme Court of Canada (final Adjudication)
Outcome
Appeal allowed; action in warranty dismissed with costs.
Legal Topics
Warranty of Title, Sheriff's Sale, Eviction by Prior Title Claimant, Construction of Deed
Source Language
English
Property Law Contract Law Civil Procedure Warranty of Title Sheriff's Sale Eviction by Prior Title Claimant Construction of Deed

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 2 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Anselme Drouin

Appellant (defendant in Warranty)

Alphonse Morissette

Respondent (plaintiff in Warranty)

Procedural Posture

Appeal Concerning Vendor Warranty in Property Action (petitory Action With Demande En Garantie) / Appeal to the Supreme Court of Canada (final Adjudication)

Legal Issues

  1. 1 Whether a vendor who sold 'with warranty' rights acquired under a sheriff's deed is obliged to protect the purchaser against eviction by a person claiming under a prior title
  2. 2 Whether knowledge by the purchaser of competing claims or defects in title defeats a warranty action under the Civil Code of Quebec

Ratio Decidendi

The vendor's covenant of warranty was limited to the rights he had actually acquired under the sheriff's deed and did not obligate him to protect the purchaser against eviction by a claimant asserting a prior title; known claims may preclude an action in warranty under the Civil Code of Quebec.

Court Disposition

Appeal allowed; action in warranty dismissed with costs.

Orders

  • Appeal allowed with costs
  • Action in warranty dismissed with costs