Green v. Ward

Green v. Ward

The recital in the partition deed was sufficient to create and impose a charge on the portion of land conveyed to Mrs. Wilbur to secure the payments and the procurement of quitclaim deeds by her children; purchasers who accept the land on the faith of that agreement take subject to that charge and are bound to its...

Source-derived case information.

Citation
(1899) 29 SCR 572
Parties
Appellants: Freeman Green and Isabel Green; Respondent: Elizabeth Ward; Defendant: Margaret Wilbur; Defendant: Palmer R. Wilbur
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
5 June 1899
Procedural Posture
Appeal / On Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal dismissed with costs.
Legal Topics
Deed Construction, Partition, Charge/lien, Quitclaim, Interpretation of Instrument
Source Language
english
Property Law Equity Civil Procedure Deed Construction Partition Charge/lien Quitclaim Interpretation of Instrument

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Freeman Green and Isabel Green

Appellants

Elizabeth Ward

Respondent

Margaret Wilbur

Defendant

Palmer R. Wilbur

Defendant

Procedural Posture

Appeal / On Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether the recital in the partition deed created a charge on the land to secure payments and the procurement of quitclaim deeds
  2. 2 Whether a later alteration in the recital of a separate deed defeated or affected the charge
  3. 3 Whether a purchaser taking under the deed takes subject to the charge and is bound to perform the agreement

Ratio Decidendi

The recital in the partition deed was sufficient to create and impose a charge on the portion of land conveyed to Mrs. Wilbur to secure the payments and the procurement of quitclaim deeds by her children; purchasers who accept the land on the faith of that agreement take subject to that charge and are bound to its performance, and an unauthorized alteration in a separate deed did not negate that charge.

Court Disposition

Appeal dismissed with costs.

Orders

  • Declaration that the plaintiff is entitled to a charge upon the north twenty-five acres of the east three-quarters of the east half of lot 12 in the eleventh concession of the Township of Howard to the extent of $400 as security for the due execution by Mary Elizabeth Wilbur and Levi Wilbur of conveyances quitting...
  • Appeal dismissed with costs.