Cartwright v. Cartwright

Cartwright v. Cartwright

The trial judgment ordering reconveyance to the executors was restored: H.L. Cartwright must reconvey and account for rents and profits; because he acted in bona fide belief of ownership and made lasting improvements he is entitled to be paid from the estate the amount by which the land was enhanced (under s.36 or equitable jurisdiction); the action against his wife was dismissed because she had no dower or necessary interest.

Citation
[1940] SCR 659
Parties
Plaintiff/appellant/executor: R.C. Cartwright; Defendant/respondent: H.L. Cartwright; Defendant/respondent (wife): Vera A. Cartwright; Defendant/respondent/executor: A.D. Cartwright
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
29 June 1940
Procedural Posture
Real Property / Appeal to the Supreme Court of Canada
Outcome
Appeal allowed; trial judgment restored with variation; reconveyance ordered against H.L. Cartwright; action against Vera A. Cartwright dismissed; cross-appeal dismissed.
Legal Topics
Reconveyance, Compensation for Improvements, Option to Purchase, Joinder of Spouse, Dower Rights, Statutory Lien Under S.36
Source Language
English
Property Law Trusts Equity Conveyancing Reconveyance Compensation for Improvements Option to Purchase Joinder of Spouse +2 more

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Parties

R.C. Cartwright

Plaintiff/appellant/executor

H.L. Cartwright

Defendant/respondent

Vera A. Cartwright

Defendant/respondent (wife)

A.D. Cartwright

Defendant/respondent/executor

Procedural Posture

Real Property / Appeal to the Supreme Court of Canada

Legal Issues

  1. 1 Whether defendant must reconvey land held in name for estate to executors
  2. 2 Whether defendant who made improvements in bona fide belief of ownership is entitled to compensation or lien
  3. 3 Whether an alleged 1935 agreement effected a purchase so as to defeat reconveyance claim

Ratio Decidendi

The trial judgment ordering reconveyance to the executors was restored: H.L. Cartwright must reconvey and account for rents and profits; because he acted in bona fide belief of ownership and made lasting improvements he is entitled to be paid from the estate the amount by which the land was enhanced (under s.36 or equitable jurisdiction); the action against his wife was dismissed because she had no dower or necessary interest.

Court Disposition

Appeal allowed; trial judgment restored with variation; reconveyance ordered against H.L. Cartwright; action against Vera A. Cartwright dismissed; cross-appeal dismissed.

Orders

  • H.L. Cartwright ordered to reconvey the property to the executors consistent with the 1932 agreement, subject only to the $2,000 first mortgage.
  • H.L. Cartwright to account for all moneys, rents and profits received from the property.