Tobias v Williams

• Jurisdiction: Antigua and Barbuda
• Court: High Court (Antigua)
• Judge: Louisy, J.
• Judgment Date: 10 February 1970
• Neutral Citation: AG 1970 HC 1
• Docket Number: No. 37 of 1968
• Date: 10 February 1970

High Court of Justice

Louisy, J.

No. 37 of 1968

Tobias

and

Williams

LockHart for the plaintiff

Francis for the defendant

Real property - Possession — Conveyancing of land by infant — Settled Estates Act (Cap. 292) — Whether plaintiff was a bona fide purchaser. Facts: Evidence revealed that a house and land were bought jointly in names P and C, who was an infant. C Subsequently conveyed the land to P who in turn sold it to the plaintiff. Held: C executed the deed of conveyancing in contravention of s.41(2). The plaintiff bought without any notice that C would not sell unless her guardian would apply to the court. The plaintiff was therefore a purchaser for value without notice and was the legal owner of the property. Plaintiff's claim would succeed.

Louisy, J.

1 In this action the plaintiff's Statement of Claim reads as follows:–

• 1. The plaintiff is entitled to the possession of all that piece or parcel of land situate at Bishopgate Alley containing by admeasurement from East to West Forty-five (45) feet and from North to South Sixteen feet six inches (16'6”)be the same more or less and butted and bounded as follows:

2 On the North by lands of Barnard on the South by lands of Gordon on the East by lands of Gould and on the West by Bishopgate Alley together with all building and erections thereon.

2

On or before the 29th day of December, 1967 Donald Page was seized in fee and possession of the said premises and was the owner of the furniture in the house thereon. 3. The said Donald Page by a deed bearing date the 29th day of December, 1967 and registered in Liber E Volume 66 Folios 15-18 of the Register of Deeds conveyed the said premises to the Plaintiff and by a delivery order dated the 28th day of December, 1967 transferred the following articles of furniture viz: (1) All bedroom furniture except one bedstead. (2) One ice box. (3) Living room set. (4) Kitchen cabinet

3 To this Statement of Claim a defense was delivered as follows:–

• 1. The defendant denies that the plaintiff is the owner of the property or articles claimed here, or is entitled to possession of the sane as alleged or at all.

• 2. The defendant was for many years a past, a tenant of a chattel house in Bank Alley belonging to one Clarice Howell. The house stood rent free on lands which were subsequently sold to one Solomon Gordon. The defendant bought the said house on or about the 10th day of April, 1961, from Clarice Howell, the owner, for the sum of $650.00 East Caribbean Currency.

• 3. On the 15th day of December, 1962, the defendant also purchase the parcel of land on which the house stood from Solomon Gordon for the sum of $500.00 East Caribbean Currency. The said chattel house was improved an the land and became the defendant's permanent home.

• 4. At or about the date of the transaction, the defendant became friendly with one Donald Page, an American, who was stationed at the P.A.A. Base at Coolidge. He made the defendant certain gifts of money which she used in the purchase of her furniture. The defendant denies that he owned any of them, but say they are her property absolutely.

• 5. Donald Page requested the defendant to convey the lands purchased by her to him, so as to obtain income tax relief in the United States. The defendant agreed, but did not convey the land to him alone, but caused the land to be conveyed to him and to her then infant daughter, Judith Carroll.

• 6. The said Donald Page, subsequently, and without the defendant's knowledge, induced the defendant's said daughter, while still an infant, to convey the entire land to him. The defendant subsequently discovered this transaction, and protested. The defendant will contend that the purported Conveyance by Judith Carroll to Donald Page was ineffectual and void against her, as she was an infant, and the said Donald Page stood seized of the property (if at all) for the defendant and her infant daughter.

• 7. At all material times, the defendant and her daughter were in possession of the said property, and still remain in possession as owners in beneficial enjoyment.

• 8. The defendant say that the plaintiff herein, at all material times, knew of the facts herein alleged and further denies that she bought or entered into any genuine transaction with Donald Page as alleged or at all.

4 The issue before the court now is as to the ownership of the house and land referred to in the Statement of Claim as Counsel for the plaintiff has indicated that the plaintiff makes no claim to items 1-4 referred to in paragraph 3 of the Statement of Claim.

5 The plaintiff's case is that she bought a property on 20th December, 1967 from one Donald Page an American who worked at the Pan American Base in Antigua. Page executed a Deed in her favour on 29th December, 1967. The property is situate in Bishopgate Alley and comprises of a house and land. This property, the plaintiff states, was bought by Page from one Solomon Gordon. The Deed of Conveyance however, dated the 7 ^th, March, 1963 is in the name of Donald Page and Judith Carroll as purchasers. That she was present when the property was purchased,...