Hirtle v. Boehner

Hirtle v. Boehner

Where competing claims overlapped the party asserting title must prove priority; the trial judge's factual findings that the defendant's predecessor held an allotment and had grants predating the plaintiff's title established defendant's priority and warranted dismissal, and the appellate court erred in reversing those findings.

Citation
(1913) 50 SCR 264
Parties
Appellant: Hirtle; Respondent: Boehner
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
6 May 1913
Procedural Posture
Civil Appeal — Trespass/property Dispute / Appeal to the Supreme Court of Canada; Judgment Reserved and Later Allowed
Outcome
Appeal allowed; judgment of trial court dismissing action restored; costs awarded to appellant.
Legal Topics
Priority of Title, Crown Grants, Allotment Possession, Evidence of Possession
Source Language
English
Property Law Trespass Real Property Land Title Priority of Title Crown Grants Allotment Possession Evidence of Possession

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 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Hirtle

Appellant

Boehner

Respondent

Procedural Posture

Civil Appeal — Trespass/property Dispute / Appeal to the Supreme Court of Canada; Judgment Reserved and Later Allowed

Legal Issues

  1. 1 Which party held superior title to the land where wood was cut
  2. 2 Whether the defendant's Crown grant of 1800 derogated from the plaintiff's claimed title
  3. 3 Whether prior allotment possession and a township grant establish priority

Ratio Decidendi

Where competing claims overlapped the party asserting title must prove priority; the trial judge's factual findings that the defendant's predecessor held an allotment and had grants predating the plaintiff's title established defendant's priority and warranted dismissal, and the appellate court erred in reversing those findings.

Court Disposition

Appeal allowed; judgment of trial court dismissing action restored; costs awarded to appellant.

Orders

  • Appeal allowed
  • Judgment of the trial court dismissing the action restored