With respect to the required opinion, it appears to me to be more desirable that the case should not be taken up by the Crown, not only on account of the frame of the bill, but as it might be deemed an undertaking on the part of the local Government here to indemnify the shareholders, (who have sunk a large sum of money on the lot), and their mortgagee, from any decree which might be made, and inasmuch as I have long since offered to afford the parties any advice they might require of me.
With respect to the merits of the case, it appears to me generally that the case made for the defendants is that Mr Johnston had power to alienate the lot, and that he merely contracted to do so subject to the condition that the Crown should approve of or confirm his act, and the defendants, after alleging that the Crown by public acts and documents refused its sanction to this agreement, further rely on the facts: — that the plaintiff lay by without instituting proceedings until the defendants expended a large sum on this lot; that the mortgage to the plaintiff, (as administrator of Edwards), relies on Mr. Johnston's agreement to let the lot to Edwards, on his temporary possessions, and small outlay thereunder, also on Edwards having attached the original lease and assignment thereof, duly registered, as also the defendant Dudgeon, who states in addition that he is a purchaser for valuable consideration, without notice of the plaintiff's claims.
As the letter of the shareholders...
With respect
to the
required.
opinion, it appears to que to be more desirable that the case should not be taken up by the brown, not only account of the frame of the bill, but as it might be deemed an undertaking the part of the local Government here to indemnify
the shareholders, (who have
sunk a large sum of money
the lot),
decree which
and their mortgagee, from any might be mude, and inasmuch as I have- offered the parties to afford any
long since
advice they might require of With respect to the
merits
s of the
case
mej
general
1
210
who afterwards became brown Losse of it,
with notice of this
this agreement, previous
to his to
tenancy.
The
case made.
6 for the
defendants is that Mr Johnston had 200
power to alienate the lot, and that he
merely
contracted to do so
subject to the conditions that the brown should approve of or confirm his act, and the defendants, after alleging that the brown by public acts and documents
refused its sanctions of this
further rely
agreement,
on the facts : — that the
plaintiff lay by without instituting
until the defendants expended.
proceedings,
it would seem that.
a large
sume on this lot; that the
is
mortgage
to the
the plaintiff, ( as administrator of
Edwards), relies
agreement
om
Mr. Johnston's
to let the lot to Edwards,
his temporary posessions, and emall
outlay
thereunder,
also
on!
Edwards
shaving attached Mr George I. Braine,
original lease and assignment thereof,
duly registered, as also the
defendant Dudgeon, who states in addition that he is a purchaser for valuable consideration, without notice of the plaintiff's claims
As the letter of the shureholders
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