Ryan v. Food City Ltd., (1972) 2 Nfld. & P.E.I.R. 395 (NFCA)

• Judge: Furlong, C.J., Higgins and Mifflin, JJ.
• Court: Court of Appeal (Newfoundland)
• Case Date: February 01, 1972
• Jurisdiction: Newfoundland and Labrador
• Citations: (1972), 2 Nfld. & P.E.I.R. 395 (NFCA)

Ryan v. Food City Ltd. (1972), 2 Nfld. & P.E.I.R. 395 (NFCA)

MLB headnote and full text

Ryan v. Food City Limited

Indexed As: Ryan v. Food City Ltd.

Newfoundland Supreme Court

On Appeal

Furlong, C.J., Higgins and Mifflin, JJ.

February 1, 1972.

Summary:

The appeal court dismissed the appeal from a decision of the trial court which awarded the plaintiff title to a farm property. The property devolved under a will which devised a one-third interest for life in a life tenant with the remainder over to a remainderman on the death of the life tenant. The life tenant acquired the title to the other two thirds by adverse possession. Before his death the life tenant conveyed all his title "under and by virtue of the said will" to the remainderman. After the death of the remainderman, his estate conveyed the property to the plaintiff and the estate of the life tenant conveyed the property to the defendant. The plaintiff brought an action to determine the title to the property.

The appeal court examined the whole of the deed from the life tenant to the remainderman, including the recitals. The appeal court held that in the recitals, the life tenant held out the will as having devised the whole interest and title to the property to him and that the defendant claiming through him was estopped from disputing that position. Further, the recitals expressed a desire by the life tenant to surrender all claims to the property to the remainderman.

Estoppel - Topic 1151

Estoppel in pais (by conduct) - Representation, by conduct - General - Real property - Title - Life tenant of one-third interest in property under will acquired title to other two-thirds by adverse possession - Deed from life tenant to remainderman under will expressing desire to surrender all claim to property and holding out will as having devised full title - Newfoundland Court of Appeal held life tenant was estopped from disputing claim or remainderman to full title.

Cases Noticed:

Re Moon, Ex Parte Davies (1886), 17 Q.B.D. 275, refd to.

Counsel:

Leo D. Barry, for the defendant-appellant;

James R. Chalker, for the plaintiff-respondent.

The judgment of the Court was delivered by Mifflin, J.