Segsworth v. Anderson

for Ontario reversing the judgment of the Divisional Court in favour of the defendant.

The action in this case was for possession of land, the parties being at issue as to the boundaries between their adjoining properties.

The decision of the issue depended upon the existence or non-existence of a road allowance between the lots, and the trial judge held that proof of certain monuments having been placed on the lots by early surveyors was incompatible with its existence. His decision was reversed by the Court of Appeal.

The Supreme Court held that the evidence was sufficient to show that there was a road allowance and that the decision of the trial judge was rightly overruled.

the judgment of the trial judge, Taschereau J. dissenting. The court held that the defendant Lee, as inspector, could not obtain an advantage for himself from his position and that the creditors were entitled to a reference to ascertain what profit, if any, he had derived from the transaction.