Cases Argued And Determined In The Supreme Court Of Nova Scotia Vol 2 PDF Download

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. 1853 edition. Excerpt: ...a very strong state of facts must appear from the testimony to raise a contrary presumption. The defendant, therefore, stands in the position of tenant at will to Smith, and such an occupancy could not give title as against the plaintili's. It is true there is no evidence that defendant paid rent to plaintiffs or their father, but the witnesses speak of his having more privileges than others who used the land during the fishing season, and these privileges I infer to have been those of a sonin-law occupying permissively. Besides this, there are material portions of the evidence in favor of the defendant which were proved by witnesses who undertook to speak positively of facts which occurred before they were nine years of age. The jury may have rejected the testimony of these persons in a case like this where there was conflicting testimony, and I cannot but think that the jury might reasonably have drawn such conclusions from the evidence as would sustain this verdict, independently of my views of the law. Donn, J. In this action the lessors of the plaintiff seek to recover upon a prior possession; neither plaintifi' nor defendant show a documentary title. The defendant proves possession of part of the disputed premises from 1841. There is also some evidence to show previous acts of ownership on his part, and in 1843 he built a store upon the ground to the northward of a brook which the plaintiff claims as his southern boundary. The disputed ground is called the " Green," and is between two brooks, and fronts on Crow Harbor. The lessors claim as devisees under the will of their father, George Smith, who died in the year 1850, and they prove his possession as far back as 1826, and con tinuing from that time to 1841, ...