Summary
Tenants challenged a possession decree by disputing the plaintiff’s full ownership after the person through whom they claimed had accepted the decree rejecting his title and finding redemption of the mortgage. The Court held that the tenants could not pursue that ownership challenge on his behalf. Their ability to challenge the decree on other grounds was distinguished. The trial court’s decree was restored.
Issues
- Whether tenants could challenge the finding rejecting their claimed landlord’s title when he had not appealed it.
Held
- The trial court, after contest by the claimed mortgagee, found that the property stood redeemed and the plaintiff owned the whole property. The person asserting the competing title had not challenged that finding. (¶¶ 7, 8, 11, 12)
- The defendants claimed only tenancy and no ownership. They could challenge the decree on other grounds, but could not appeal the ownership finding accepted by the person through whom they claimed. (¶¶ 12, 13)
Result
The High Court judgment was set aside and the trial court’s judgment and decree granting possession in favour of the appellants restored. The appeal was disposed of without costs.