What is the test for a claim for possession of a flax which was seized with the intent of exercising over the flax?
Saskatchewan, Canada
The following excerpt is from Delbridge v. Pickersgill, 1912 CanLII 61 (SK QB):
As there was in the seizure, however, a taking with the intent of exercising over the flax a control in the circumstances of this case inconsistent with the real owners’ right of possession I have decided the action is well laid. See Burroughs v. Bayne, 5 H. & N. 296; Fouldes v. Willoughby, 8 M. & W. 540.
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