White v. Nelles

White v. Nelles

Appellants who obtained possession by procuring the tenant to vacate (through fraudulent representations) are estopped in this suit from disputing their landlord's title; accordingly the respondent was entitled to recover possession and to equitable relief against waste and an account for timber removed, and the appeal was dismissed with costs (subject to the Court's variation extending time for appellant White to bring a separate action to establish title).

Citation
(1885) 11 SCR 587
Parties
Defendant Appellant: Solomon White; Defendant Appellant: James O'Neil; Plaintiff Respondent: Henry E. Nelles
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
22 June 1885
Procedural Posture
Chancery Ejectment and Equity (appeal) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario
Outcome
Appeal dismissed with costs; decree of the Court of Chancery affirmed in substance; Court of Appeal variation limited and time extended for appellant White to bring action to establish title for three months from pronouncing of Supreme Court judgment.
Legal Topics
Possession, Tax Sale Validity, Estoppel by Possession, Injunction, Accounting for Waste, Statutory Validation of Tax Sales
Source Language
English
Property Law Equity Tax Sale Law Procedural Law Possession Tax Sale Validity Estoppel by Possession Injunction +2 more

Case Brief

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Parties

Solomon White

Defendant Appellant

James O'Neil

Defendant Appellant

Henry E. Nelles

Plaintiff Respondent

Procedural Posture

Chancery Ejectment and Equity (appeal) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario

Legal Issues

  1. 1 Whether defendants who obtained possession via the tenant are estopped from disputing landlord's (plaintiff's) title
  2. 2 Whether plaintiff must be put to proof of title where defendants obtained possession by fraud
  3. 3 Validity of the sheriff's tax sale under Ontario statutes and whether defects are cured by statute

Ratio Decidendi

Appellants who obtained possession by procuring the tenant to vacate (through fraudulent representations) are estopped in this suit from disputing their landlord's title; accordingly the respondent was entitled to recover possession and to equitable relief against waste and an account for timber removed, and the appeal was dismissed with costs (subject to the Court's variation extending time for appellant White to bring a separate action to establish title).

Court Disposition

Appeal dismissed with costs; decree of the Court of Chancery affirmed in substance; Court of Appeal variation limited and time extended for appellant White to bring action to establish title for three months from pronouncing of Supreme Court judgment.

Orders

  • Decree ordering defendants to deliver up possession of the lands to respondent affirmed
  • Perpetual injunction restraining defendants from committing further waste affirmed (majority)