Eastern law reporter Canada Author:Unknown Author Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: also upheld the dictum of Baron Parke in Bright v. Walker, that no title at all is gained by a user which does not give a valid title against all persons having ... more »estates in the locus in quo; and that during the period of a tenancy the exercise of an easement will not affect the fee; in order to do that there must be that period of enjoyment against an owner in fee. It is unnecessary in my opinion in view of these authorities, to review further decisions. These pleas are clearly bad, and judgment must be given upholding the demurrer. Hodgson, J.:—I concur in the judgment of Mr. Justice Fitzgerald. NEW BRUNSWICK. Barker, C.J. February 25rH, 1908. SUPREME COURT IN EQUITY. McGAFFIGAN Et Al. v. FERGUSON Et Al. Mortgage—Deed—Fiduciary Relationship—Undue Influence —Pressure—Misrepresentation—Improvident Contract — Voluntary Gift—Insanity of Donee—Promissory Notes. Argument was heard November 25th, 1907. M. G. Teed, K.C., for the plaintiffs. L. A. Currey, K.C., and N. A. Landry, K.C., for the defendants. Barker, C.J.:—This suit was commenced in the name of Helen Davidson, a person of unsound mind, not so found, by William G. Bowie as her next friend. Helen Davidson was the widow of William Davidson. She died April 7th, 1905, at the age of eighty-two years, leaving a will dated March 6th, 1900, by which she appointed the Reverend Joseph A. Babineau and the defendant William Ferguson executors. They both renounced, and the present plaintiff Elizabeth McGaffigan, who is a daughter of Helen Davidson, applied for and obtained letters testamentary cum testamento annexe, and the suit is now being prosecuted in her name coupled with others in like interest. It appears from the evidence that Wm. Davidson for many years previous to his death carried on a considerable business...« less