Is a decree nisi for cancellation valid?

Saskatchewan, Canada


The following excerpt is from Higman v. Evans, 1943 CanLII 162 (SK QB):

Diewold v. Diewold 1940 CanLII 52 (SCC), [1941] S.C.R. 35, 22 C.B.R. 329 (affirming 1940 CanLII 202 (SK CA), [1940] 1 W.W.R. 657, 21 C.B.R. 370) is another authority similar to Davidson v. Sharpe, supra. In the Diewold case the decree nisi for cancellation gave possession to the plaintiff.

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