Handley v Edwards

• Jurisdiction: St Lucia
• Judge: Manning, J.
• Judgment Date: 16 September 1959
• Neutral Citation: LC 1959 HC 17
• Date: 16 September 1959
• Court: High Court (Saint Lucia)
• Docket Number: No. 1 of 1959

Supreme Court of the Windward and Leeward Islands. (Civil Jurisdiction).

Manning, J.

No. 1 of 1959

Handley

and

Edwards

Appearances:

D. A. McNamara for plaintiff.

J. G. M. Compton for defendant.

Real property - Ownership — Prescription

Facts: The land in question was sold to the father and his three illegitimate children were to have the usufruct during his life and the nuda proprietas with right of survivorship. The issues for determination was whether the plaintiff had a right to survivorship and whether the plaintiff had a right to claim the property.

Held: By Article 2115, the defendant had no claim. The title was null by informality and he could not succeed on a ground of prescription for ten years. The defendant had not been in effective possession for ten years. Judgment for the plaintiff. Order made that the defendant give up possession of the land.

Manning, J.

1 This action has been heard during the Legal Vacation, at the request of counsel for the plaintiff and counsel for the defendant.

2 On the 27 ^th May 1901, one Marie Clavier sold and conveyed certain land at Marchand to one Joseph Scanterbury and his three illegitimate children, Joseph Scanterbury was to have the usufruct during his life, the children were to have the nuda proprietas with right of survivorship.

3 On the 20 ^th April 1903, there was a Deed of Exchange by which the Castries Town Board conveyed other land to Joseph Scanterbury in exchange for the land, which he had purchased from Marie Clavier. Mr. J. Compton, for the defendant, argued, but with no great enthusiasm, that the conditions operating in the first deed, namely those with regard to usufruct, nuda proprietas and right of survivorship, did not apply to the land transferred by the deed of exchange. He did not cite any authority. I think it would be unjust to hold that this was the case, and I have no hesitation in deciding that the land received in exchange was subject to all the terms of the deed made on the 27 ^th May 1901.

4 Joseph Scanterbury died in 1930 with the result that the three children, Edward Hunt, George Handlev, and Louisa Joseph, became full owners of the land in undivided shares with, of coarse, the right of survivorship.

5 Edward Hunt went abroad in 1920. It is stated that he died in or about the year 1927, but there has been no proof of this in the ordinary way. George Handley has had letters stating that Hunt is dead; and it may be inferred that his absence has continued during 30 years from the date of the latest intelligence received. Under Article 64 of the Civil Code, he is reputed to be deal...