; *May 9.
AND
*May 17.
FRANCOIS ALIAS FRANCIS FE R- RESPONDENT. DAIS (CONTESTANT) .........
ON APPEAL FROM THE COURT OF QUEEN'S BENCH FOR LOWER CANADA, APPEAL SIDE.
An opposition to a writ of possession issued in execution of a judgment allowing a right of way over the opposant's land does not raise a question of title to land nor bind future rights, and in such a case the Supreme Court of Canada has no jurisdiction to entertain an appeal.
O'Dell v. Gregory (24 Can. S. C. R. 661) followed; Chamberland v. Fortier (23 Can. S. C. R. 371); and McGocy v. Leamy (27 Can. S. C. R. 193) distinguished.
If the jurisdiction of the court is doubtful the appeal must be quashed. Langevin v. Les Commissaires d'1'cole St. Marc Can. S. C. R. 599) followed.
APPEAL from the judgment of the Court of Queen's Bench for Lower Canada, appeal side, reversing the judgment of the Supreme Court, District of Iberville, and dismissing the appellant's opposition with costs. The circumstances under which this appeal was taken are stated in the judgment of the court by His Lordship Mr. Justice Taschereau on the motion to quash.
Lajoie for the respondent referred to the question of jurisdiction raised in the respondent's factum and moved to quash the appeal on the ground that the controversy did not relate to title to lands *PRESENT :-Sir Henry Strong C.J. and Tascbereau, Gwynne, Sedgewick and Girouard JJ.