The Nova Scotia Reports ...: Containing Reports of Cases Argued ..., volume 9
The Nova Scotia Reports ...: Containing Reports of Cases Argued ..., volume 9
Nova Scotia. Supreme Court
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McDonald^ Digiti zed by Google 172 CONDON ET AL. V, DAVIS et al. 2 M. & W., 26 (1836) ; Howard v. Smith, 4 Bing., N. C, 684 (1838) ; and Bmrdly v. Beardly, 3 Dow. & Lowndes, 476 (1849), were all cases of special demurrer and the decisions in all of them had reference to those portions of the English statutes in which they differ from ours. I think the replications are good, and if the stamps were put on after the acceptance or endorsement it is for the defendant to rejoin the facts, if they exi...st, which justified him in subsequently affixing them. Judgment therefore will be for the plaintiffs. CONDON ET AL. V. DAVIS et al. PLAi5TirFS sought to recover poesession of a lot of land— portion of an Island that had been (fraot^d to several pereons, their in^nd-father beinjr one of the grantees, but there was no evidence to connect htm with the particular lot in question. He held no aseignment of it. and had never claimed it f n his life-time though he bad lived forty years after the passing of the grant, and many years after those under whom defendants claimed had been living upon it.
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