Report of Judgments of Windward Islands Court of Appeal

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The respondent, on the other hand, relies firstly on a deed of sale of the Vanard estate to him, dated 20th April, 1867, by Mallet Paret, solicitor general of the colony, and adminis- trator general of Crown properties — the said Mallet Paret, who is described by the present attorney general of the colony as a very capable lawyer, being the same person before whom, as notary royal, the deed passed conveying the Daburet or Zizi estate to Muter in 1841. I have said tliat the respondent relied on
...the deed of conveyance to him of 1867. He also pleaded that not alone he derived title to the estate from this deed, but that, even if the title to the Vanard estate had been at any time vested in the appellants, or in any person or persons under whom they claim, their right of action was barred, inasmuch as he (respondent) had been in actual and peaceable possession of the property in question for upwards of ten years by virtue of clause 2112 (section 3) of the Civil Code, 1879.
This is how the case stood when the action came on to be tried before the learned judge, from whose judgment this appeal comes.


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