Blakeley et al. v. Gould et al.

possession.

Nor does there seem any good reason, m growing out of the circumstances of the ownership o.

land in this country, for relaxing the rules as to the acquisition of rights of way by mere implication. Kig

The result is that the action fails and the appeal should be allowed, notwithstanding the able judgements of the learned judges below.

also dissented from the judgment of the majority of the court but did not state his opinion in writing.

APPEAL from the judgment of the Court of Appeal for Ontario (1) affirming the judgment of Street J., in the High Court of Justice, which dismissed the action of the plaintiffs with costs.

This action was brought to set aside an assignment, by way of security, to the defendant of an interest in the profits expected to be earned under a contract for the performance of work, on the ground that it was made to defeat, hinder, defraud, delay and prejudice the plaintiffs and the other creditors of the assignor, (who was insolvent,) and to give the assignee an unjust preference.

In the trial court the decision in favour of the defendant was based on the ground that the assignment had been made under pressure and