Majority
A
CIER, ET VIR (PLAINTIFFS)........
APPELLANTS; *Dec.
EDOUARD BARRETTE (DEFENDANT)... RESPONDENT. ON APPEAL FROM THE COURT OF QUEEN'S BENCH FOR LOWER CANADA (APPEAL SIDE).
Judgment of the Court
. J.-It is chose jugde between the parties by the judgment of the Court of Review of September 30, 1893, not only that the division line between their respective properties must be located on the line of the old fence C.L.H., but also that this line of the old fence is a line starting at point C. 30 feet, 4 inches from point B. as indicated in Bignell's plan and report.
Roy therefore, could do nothing else than start his line, and place his boundary post as he did at point at a spot 30 feet, 4 inches from point B, and the Court of Review's judgment of November 30th 1894 was right in so determining. The judgment of the Court of Appeal should therefore, in my opinion, be reversed, and the judgment of the Court of Review -of November 30th 1894 restored. If deemed neces- .sary, a special judgment in the same sense should be entered with the special direction that the post at point C. should be on a spot 30 feet, 4 inches from point .as the starting point for the line C.L.H.
Appeal allowed with costs. Solicitors for the appellants : Belleau, Stafford r Belleau.