Court
of Appeal at Toronto
Last
Friday a Norfolk case which has gone through all the Ontario Courts
was decided in the Court of Appeals.
We refer to the
case of Smith vs. Smith. Patrick
Smith of Windham, about two years ago brought an action against his
son Martin, to have himself adjudged the owner of a hundred acre farm
in Windham.
Patrick
Smith had purchased this place and lived on it a good many years. For
some years however, his son Martin had been in sole control of it.
He
had caused some kind of a document to be registered in the Registry
office, by which he claimed to be in possession of the property.
He
contended that his father had agreed to let him have it for working it
and taking care of him.
The
old man denied this and said Martin had just been living at home the
same as any others of his family and had no arrangement with him what
ever.
If
Martin could not have himself declared the owner of the property, he
wanted pay for wages since 1883 and for stumping, fencing and
buildings.
Judge
Rose tried the case at the autumn sittings of the High Court in 1897.
He held that Patrick Smith was the owner of the land and was entitled
to possession of it.
He
however, allowed Martin a claim for wages and improvements and ordered
an account to be taken of them.
Against
his judgment, so far as it was favorable to Martin, Patrick appealed to the Queen's Bench Divisional Court. This Court
supported his appeal and disallowed Martin's claim for wages,
improvements, etc.
Martin
Smith then went to the Court of Appeal to have Judge Rose's judgment restored.
The
Court of Appeals has unanimously agreed with the Court of Queen's
Bench disallowing Martin's claim altogether and ordering him to pay
all costs.
Judge
Rose has therefore been reversed as to his judgment in favor of
Martin by the three Judges in the Queen's Bench Division and by the
five Judges in Appeal.
Geo.
W. Wells, Q.C., on behalf of his firm conducted the case in all the
Courts for the Plaintiff Patrick Smith and Mr. W. R. Riddle of
Toronto, acting for Messrs. Kelley and Porter, represented the
Defendant, Martin Smith.
