Nova Scotia Court of Appeal
Citation: Smith v. Beals Estate, 2015 NSCA 93
Date: 20151015
Docket: CA 427335
Registry: Halifax
Between:
Carl David Smith
Appellant
v.
Estate of Ronald Lester Beals, Georgina Peggy Beals, Karen Grant Beals and Robert Corey Grant
Respondents
|
Judge: |
The Honourable Justice Peter M.S. Bryson |
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Appeal Heard: |
September 28, 2015, in Halifax, Nova Scotia |
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Subject: |
Real property. Election. Deeds. |
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Summary: |
Appellants and Respondents owned parcels of land obtained from a common predecessor in title. Appellant claimed that Respondents’ title was defective because the predecessor in title obtained his deed by fraud and misrepresentation. Trial judge found that the predecessor’s deed was valid. |
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Issues: |
Validity of predecessor’s deed. |
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Result: |
Appeal dismissed. Appellant’s title to his land was based on the same deed which he claimed was invalid. The principle of equitable election prevented the Appellant from both affirming the deed for his own title and denying it with respect to the Respondents’ title. The trial judge made no palpable and overriding error regarding the validity of the deed. |
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