Ontario Law Reports; Cases Determined in the Court of Appeal and in the High Court of Justice for Ontario Volume 12 (Paperback)

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. 1907 edition. Excerpt: ... lie along the eastern boundary of this portion of the River road, and maintain that their respective properties extend to the water's edge of the river, and include the strip of land in question. The defendants, on the contrary, contend that this portion of the River road is a highway. This road has been continuously travelled by the public since the district was first settled. To the south of the plaintiffs' properties it enters Hellems avenue, by which it affords direct access to the Main street of the town of Welland. Prior to the year 1855 this River road appears to have been the main avenue of communication between Port Robinson and Welland. In that year, one Thomas Burgar, who then owned the properties now held by the plaintiffs and other adjacent lands, agreed with the municipal corporation of the township of Crowland, in which these properties were then situate, to dedicate to the public as highways and to open up for traffic the streets now known as Burgar street and Dorothy street, and in consideration of his doing so the municipality agreed to close up and convey to him the portion of the River road now in question. For this purpose a by-law was passed, the legality and sufficiency of which the defendants expressly admit, and a conveyance to Burgar was duly executed by the reeve, which, the defendants admit, vested the title to the strip of land in question in Thomas Burgar. Whatever rights, if any, to the soil and freehold may have remained outstanding in the Crown, I shall not deal with. Their admission estops the defendants from questioning that the fee of the land in dispute was by the conveyance of 1855 from the reeve of the township of Crowland vested in Thomas Burgar. Upon that admission the disposition of this action...