Reeves v. Perrault

Reeves v. Perrault

Because the respondent had abandoned (delaissé) part of the property in a prior hypothecary proceeding instituted by the creditor before acceptance of the delegation, he was relieved from personal liability only to the extent of his interest in the portion surrendered; he remained personally liable for his interest...

Source-derived case information.

Citation
(1880) 10 SCR 616
Parties
Appellant (plaintiff's Representative): John Jesse Reeves; Respondent (assignee of Insolvent Estate of F. Geriken): Charles Ovide Perrault
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
9 February 1880
Procedural Posture
Hypothecary Action / Contractual Delegation Dispute / Appeal to the Supreme Court of Canada From Court of Queen's Bench for Lower Canada (appeal Side)
Outcome
Appeal allowed with costs
Legal Topics
Delegation of Payment, Hypothecary Action, Abandonment (délaissement), Ventilation/valuation, Acceptance of Delegation, Personal Liability
Source Language
english
Property Law Contract Law Civil Procedure Mortgage/hypothec Delegation of Payment Hypothecary Action Abandonment (délaissement) Ventilation/valuation +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

John Jesse Reeves

Appellant (plaintiff's Representative)

Charles Ovide Perrault

Respondent (assignee of Insolvent Estate of F. Geriken)

Procedural Posture

Hypothecary Action / Contractual Delegation Dispute / Appeal to the Supreme Court of Canada From Court of Queen's Bench for Lower Canada (appeal Side)

Legal Issues

  1. 1 Whether acceptance of a delegation of payment made after the creditor has instituted a hypothecary action and after the purchaser's delaissement creates personal liability against the purchaser
  2. 2 Effect of delaissement (abandonment) in hypothecary proceedings on a subsequent acceptance of delegation by the creditor
  3. 3 Extent of purchaser's liability when eviction/delaissement is partial and whether a proportional valuation (ventilation) is required

Ratio Decidendi

Because the respondent had abandoned (delaissé) part of the property in a prior hypothecary proceeding instituted by the creditor before acceptance of the delegation, he was relieved from personal liability only to the extent of his interest in the portion surrendered; he remained personally liable for his interest in the remainder of the property, and the amount recoverable must be determined by a proportional valuation (ventilation) of the surrendered south half relative to the price of the whole property.

Court Disposition

Appeal allowed with costs

Orders

  • Appeal allowed with costs
  • Judgment for the plaintiff in part to be entered for the amount to be determined by valuation (ventilation) of the portion of the property abandoned by the defendant proportionately to the agreed price of the whole property