Download Cases Argued and Determined in the Supreme Court of Nova Scotia Volume 12

Cases Argued and Determined in the Supreme Court of Nova Scotia Volume 12 by Anonymous

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Author: Anonymous
Page Count: 246 pages
Published Date: 13 Sep 2013
Publisher: Rarebooksclub.com
Publication Country: United States
Language: English
ISBN: 9781236790248
File size: 29 Mb
Download Link: Cases Argued and Determined in the Supreme Court of Nova Scotia Volume 12
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1880 edition. Excerpt: ...he would have been permitted to remain for so long a time in otiice and in the possession of the land in question? This is not the case of a constructive trust in which, as has been correctly said, the possession of the trustee is usually adverse to the oestui que trust, but one of a trust like that under a contract, because, although the defendant's appointment was under a statute, yet it was voluntarily accepted and acted upon without any obligation to do so on the part of the defendant. See Stone v. Godfrey, 5 DeG. McN. & G., 76. Although in the view I take of this case, the statutes referred to render it unnecessary for the plaintiffs, under the facts in evidence, to show that the deed alone passed the fee simple, it may be proper to say that the case cited on that point on behalf of the defendant (Nightingale v. Goulbu/rn, 5 Hare, 4-84, ) does not appear to me to aid him. It is true that the head note is as the learned counsel stated, but the very first part of the judgment states the real question to be whether the bequest could be supported as'a charitable bequest, or whether the property comprised in it was undisposed of, and, as such, distributable among his next of kin. It was objected at the argument that the locus was not sufficiently identified, but I am of a different opinion. Job Seaman testifies that "the lot in dispute is included in the writ." Again, he says; "the land described in the Freeman deed is the same as that described in the writ, and the same land upon which the Court House stands." He was one of the trustees appointed in 1849 or 1850, under the Act of 1848, and he says that about a month after his appointment he and his associates got Mr. Logan, a crown land surveyor, to survey...

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