Adamson v. Adamson

Adamson v. Adamson

The statute of limitations did not begin to run against the equitable remainder-man until the death of the tenant for life in 1875 because the tenant for life (and her tenant at will) had the right of possession that the trustee or remainder-man could not lawfully disturb; accordingly the plaintiff's action, brought...

Source-derived case information.

Citation
(1886) 12 SCR 563
Parties
Defendant/appellant: Mary D. Adamson; Plaintiff/respondent: Alfred Adamson
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
8 March 1886
Procedural Posture
Action / Appeal to Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal dismissed with costs.
Legal Topics
Remainder in Fee, Tenant for Life, Tenant at Will, Joint Tenancy Vs Tenancy in Common, Possession and Accrual of Cause of Action, Trustee Duties
Source Language
english
Property Trusts Equity Statute of Limitations Real Property Remainder in Fee Tenant for Life Tenant at Will +3 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mary D. Adamson

Defendant/appellant

Alfred Adamson

Plaintiff/respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the statute of limitations barred an equitable remainder-man when possession was held by a tenant for life and a tenant at will
  2. 2 Whether the statute began to run prior to the death of the tenant for life
  3. 3 Whether the construction of the deed as creating a joint tenancy or severalty affected plaintiff's right to recover against the defendant

Ratio Decidendi

The statute of limitations did not begin to run against the equitable remainder-man until the death of the tenant for life in 1875 because the tenant for life (and her tenant at will) had the right of possession that the trustee or remainder-man could not lawfully disturb; accordingly the plaintiff's action, brought after he obtained the legal estate from the trustees, was not barred and he was entitled to recover.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.
  • Plaintiff entitled to recover Lot No. 2; defendant to be dispossessed from the lot.