Durocher v. Durocher

Durocher v. Durocher

The appellant failed to prove title; annulled instruments (the forged will and the deed set aside under art.311 C.C.) and constructive confessions from defaults on interrogatories do not operate as judicial admissions in the petitory action, and cadastral entries do not bind persons unaware of them; therefore the appeal is dismissed and costs awarded to the respondent.

Citation
(1897) 27 SCR 363
Parties
Appellant/plaintiff: Louis alias Wilfrid Durocher; Respondent/defendant: Louis Durocher
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 May 1897
Procedural Posture
Petitory Action / Appeal to Supreme Court of Canada
Outcome
Appeal dismissed with costs
Legal Topics
Judicial Admissions, Nullified Instruments, Cadastre Entries, Compromise/transaction, Estoppel, Interrogatories (pro Confessis), Annulment of Tutorship Settlement, Forgery of Will
Source Language
English
Evidence Property Civil Procedure Succession and Wills Family Law Judicial Admissions Nullified Instruments Cadastre Entries +5 more

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Parties

Louis alias Wilfrid Durocher

Appellant/plaintiff

Louis Durocher

Respondent/defendant

Procedural Posture

Petitory Action / Appeal to Supreme Court of Canada

Legal Issues

  1. 1 Whether a prior judgment declaring a will to be false constitutes an admission of the heir's title by the devisee
  2. 2 Whether an annulled compromise deed between tutor and ward can operate as an admission against the tutor in a later petitory action
  3. 3 Whether constructive confession by default on interrogatories (faits et articles) under art.225 C.C.P. constitutes a judicial admission in a separate subsequent action

Ratio Decidendi

The appellant failed to prove title; annulled instruments (the forged will and the deed set aside under art.311 C.C.) and constructive confessions from defaults on interrogatories do not operate as judicial admissions in the petitory action, and cadastral entries do not bind persons unaware of them; therefore the appeal is dismissed and costs awarded to the respondent.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs