Anthony Armbrister and Cyril Armbrister (as Personal Representatives of the Estate of Francis Armbrister) v Marion E. Lightbourn and others

Anthony Armbrister and Cyril Armbrister (as Personal Representatives of the Estate of Francis Armbrister) v Marion E. Lightbourn and others

The doctrine of reverter did not apply to the Sisal Company's land on its dissolution in 1911; the land vested in the Crown. The adverse claimants established possessory title to Freeman Hall South through acts of ownership and possession. The 15 acres was not included in the 1895 conveyance and remained with the Armbrister family; the petitioners failed to prove adverse possession of the 15 acres.

Citation
[2012] UKPC 40
Parties
Appellant: Anthony Armbrister; Appellant: Cyril Armbrister; Respondent: Marion E Lightbourn; Respondent: Robin Mactaggart Symonette
Jurisdiction
United Kingdom
Judgment Date
11 December 2012
Procedural Posture
Appeal / Judgment of the Privy Council on Appeal From the Court of Appeal of the Commonwealth of the Bahamas
Outcome
Appeal allowed; cross-appeal dismissed
Legal Topics
Adverse Possession, Quieting Titles, Company Dissolution, Escheat, Interpretation of Conveyances
Property Law Civil Procedure Adverse Possession Quieting Titles Company Dissolution Escheat Interpretation of Conveyances

Case Brief

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Parties

Anthony Armbrister

Appellant

Cyril Armbrister

Appellant

Marion E Lightbourn

Respondent

Robin Mactaggart Symonette

Respondent

Procedural Posture

Appeal / Judgment of the Privy Council on Appeal From the Court of Appeal of the Commonwealth of the Bahamas

Legal Issues

  1. 1 Whether the doctrine of reverter applied to land owned by a dissolved company under Bahamian law in 1911
  2. 2 Whether the petitioners or adverse claimants had possessory title to Freeman Hall South and the 15 acres
  3. 3 Whether extrinsic evidence could be used to identify the 15 acres excluded from the 1895 conveyance

Ratio Decidendi

The doctrine of reverter did not apply to the Sisal Company's land on its dissolution in 1911; the land vested in the Crown. The adverse claimants established possessory title to Freeman Hall South through acts of ownership and possession. The 15 acres was not included in the 1895 conveyance and remained with the Armbrister family; the petitioners failed to prove adverse possession of the 15 acres.

Court Disposition

Appeal allowed; cross-appeal dismissed

Orders

  • Adverse claimants (Armbristers) granted certificate of title to Freeman Hall South
  • Adverse claimants entitled to certificate of title to the 15 acres