Dods v. McDonald

Dods v. McDonald

Because the evidence established that the life tenants accepted possession under the lease delivered with the title deeds and the reservation in the conveyances created a life estate with a reversion vested in the grantee (and assignee), the right of entry and the running of limitations did not accrue until the life estate ended; the lease was admissible as an ancient document and estopped defendants from disputing respondent's title, so ejectment succeeded.

Citation
(1905) 36 SCR 231
Parties
Defendant Appellant: John Dods; Defendant Appellant: Hannah Dods; Plaintiff Respondent: Ronald McDonald
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
15 May 1905
Procedural Posture
Ejectment (title to Land) / Appeal to Supreme Court of Canada From Supreme Court of Prince Edward Island; Judgment Below Affirmed
Outcome
Appeal dismissed with costs; judgment for respondent affirmed
Legal Topics
Title to Land, Life Estate, Reversion and Remainder, Possession, Statute of Limitations, Admissibility of Ancient Documents, Estoppel
Source Language
English
Property Law Real Property Ejectment Evidence Adverse Possession/limitations Title to Land Life Estate Reversion and Remainder +4 more

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Parties

John Dods

Defendant Appellant

Hannah Dods

Defendant Appellant

Ronald McDonald

Plaintiff Respondent

Procedural Posture

Ejectment (title to Land) / Appeal to Supreme Court of Canada From Supreme Court of Prince Edward Island; Judgment Below Affirmed

Legal Issues

  1. 1 Whether the conveyance/reservation excepted the six acres entirely or created a life estate with a reversion to the grantee
  2. 2 Whether a valid freehold life estate was created when the named life tenants were not parties to the deed and whether they accepted the estate
  3. 3 Whether the lease (ancient document) was admissible in evidence despite absence of signatures by grantees

Ratio Decidendi

Because the evidence established that the life tenants accepted possession under the lease delivered with the title deeds and the reservation in the conveyances created a life estate with a reversion vested in the grantee (and assignee), the right of entry and the running of limitations did not accrue until the life estate ended; the lease was admissible as an ancient document and estopped defendants from disputing respondent's title, so ejectment succeeded.

Court Disposition

Appeal dismissed with costs; judgment for respondent affirmed

Orders

  • Appeal dismissed with costs
  • Ejectment judgment in favour of respondent McDonald affirmed