APPEAL by the defendant from the judgment of the Court of Appeal for British Columbia (1) dismissing her appeal from the judgment of Sidney Smith J. holding that certain timber licenses which had been purchased by the plaintiff and of which assignment had been taken in the name of the defendant, who was then the plaintiff's wife, were the property of the plaintiff. The Court of Appeal held that, on the evidence and the trial Judge's findings, the presumption of gift to the defendant had been rebutted; and also held against an alternative contention by the defendant that it should be found that the plaintiff had taken the property in the defendant's name so as to protect it from creditors and therefore should be refused assistance of the Court in recovering it.
D. N. Hossie K.C. for the respondent.
On the conclusion of the argument for the appellant, the judgment of the Court was delivered orally, as follows: (orally, for the Court).-We do not find it necessary to call on counsel for the respondent in this case.
We have had an opportunity fully to consider it and, moreover, Mr. Carson has presented to us not only a very complete argument, but, we may say, a very fair one, for which the Court is greatly indebted to him.
For the purpose of his argument, Mr. Carson accepted the testimony of the respondent. We have no doubt that on that testimony, taken in conjunction with the docu-