Torrens Title Cases (Volume 1); Being a Collection of Important Cases Decided by the Courts of England, Australasia and Canada Upon Statutes Relating to the Transfer of Land by Registration of Title with a Full Digest of the Cases to Which Is Prefixed A S (Paperback)

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1895. Not illustrated. Excerpt: ... defendant had a right to refuse to attorn to the plaintiffs, and his possession was not adverse to their title. Rule discharged. Attorneys for the plaintiffs: --Moule Jt Seddon. Attorney for the defendant: --Cresswell. Supreme Court, Victoria, 1879.] 5 V. L. R. (L.), 167. JONES v. PARK. "Transfer of I*nd Statute" (No. 301), sec. 64--Act Nu. 610, sec*. 2, 3--Conclusiveness of certificate of title as to riyht-of-u-ay. Where a right-of-way is specified in a certificate of title of the servient tenement, the correctness of' the certificate cannot be impugned in an action for trespass. Semble. if the parcels of the servient tenement have been erroneously described, the error should be corrected by another certificate. Declaration for that the plaintiff was possessed of certain lands coloured red on the plan in the margin, and Vas entitled to a right of way from the said land over a certain close to a public highway, and back again from the said public highway over the said close to the said land, for himself and his servants on foot, etc., and the defendant wrongfully obstructed and fenced in part of the said way. Pleas: Not guilty and denial of obstruction. The verdict was for the plaintiff, with nominal damages. The plaintiff put in a certificate of title to himself, dated 20th July, 1878, giving him a right of way, as shown on the plan in the margin; his evidence also showed that the defendant had put up a fence, reducing the width of the way from 10 feet to 8 feet 2 inches. Evidence was rejected of what took place before the *168] issue of his certificate, as to the right of way and its boundaries. The defendant's certificate of title, dated 19th February, 1874, was also put in by the plaintiff, showing that the defendant's fence should be 1 foot 9 inches furth...