Countway v. Haughan and Chataway, (1975) 15 N.S.R.(2d) 138 (CA)

• Judge: MacKeigan, C.J.N.S., Coffin and Macdonald, JJ.A.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: December 11, 1975
• Jurisdiction: Nova Scotia
• Citations: (1975), 15 N.S.R.(2d) 138 (CA)

Countway v. Haughan (1975), 15 N.S.R.(2d) 138 (CA);

    14 A.P.R. 138

MLB headnote and full text

Countway v. Haughan and Chataway

Indexed As: Countway v. Haughan and Chataway

Nova Scotia Supreme Court

Appeal Division

MacKeigan, C.J.N.S., Coffin and Macdonald, JJ.A.

December 31, 1975.

Summary:

This case arose out of an agreement for the sale of land and the validity of an objection to title made by the buyer. An application was made pursuant to s. 3 of the Vendors and Purchasers Act - see paragraph 25. The impugned conveyance was a deed from a husband to a wife which conveyed "all the woodland owned by the said Edgar J. Whitford (the husband) at the time of his death". The trial court held that the conveyance was invalid both as a deed and as a will - see paragraphs 16 to 35. The trial court declared that the buyer made a valid objection to title and declared the agreement for sale void.

On appeal to the Nova Scotia Court of Appeal the appeal was dismissed and the judgment of the trial court was affirmed. The Nova Scotia Court of Appeal stated that the property description was not sufficiently precise in order to satisfy the Conveyancing Act. The Nova Scotia Court of Appeal stated that a valid conveyance must transfer immediately an interest in realty which must be identifiable by the deed - see paragraph 10.

Deeds and Documents - Topic 2525

Operation and effect of deeds - The property conveyed - Sufficiency of the description of the property conveyed - A deed from a husband to a wife conveyed "all the woodland owned by the said Edgar J. Whitford (the husband) at the time of his death" - Nova Scotia Conveyancing Act - The Nova Scotia Court of Appeal declared the deed invalid - The Nova Scotia Court of Appeal held that the property description was not sufficiently precise in order to satisfy the Conveyancing Act - The Nova Scotia Court of Appeal stated that a valid conveyance must transfer immediately an interest in realty which must be identifiable by the deed - See paragraph 10.

Words and Phrases

Will - The Nova Scotia Court of Appeal discussed the meaning of the word "will" as found in s. 2 of the Wills Act, R.S.N.S. 1967, c. 340.

Words and Phrases

Conveyance - The Nova Scotia Court of Appeal discussed the meaning of the word "conveyance" as found in the Conveyancing Act, R.S.N.S. 1967, c. 56.

Cases Noticed:

Eisenhauer v. Eisenhauer, 16 M.P.R. 438 (N.S.C.A.), dist. [para. 12].

Habergam v. Vincent (1793), 2 Ves. Jun. 204, folld, [para. 29].

Re Pfrimmer, [1936] 2 D.L.R. 460, folld. [para. 30].

Statutes Noticed:

Wills Act, R.S.N.S. 1967, c. 340, sect. 2(1).

Conveyancing Act, R.S.N.S. 1967, c. 56, sect. 2(1) [para. 9].

Counsel:

Edmund R. Saunders, Q.C., for the appellants;

Derek Wells, for the respondents.

This appeal was heard by the Nova Scotia Court of Appeal at Halifax, Nova Scotia on December 11, 1975. Judgment was delivered by the Nova Scotia Court of Appeal on December 31, 1975.

The judgment of the Nova Scotia Court of Appeal was delivered by MacKEIGAN, C.J.N.S.