Is an agreement by a homesteader to give possession of his homestead for five years to a party who would farm it on shares not a transfer or assignment?
Saskatchewan, Canada
The following excerpt is from Klinck v. Greer, 1910 CanLII 115 (SK QB):
Counsel for the plaintiff directed my attention to the case of Spence v. Arnold (1901), 5 T.L.R. 176, wherein Richardson, J., held that an agreement by a homesteader to give possession of his homesteader for five years to one who would farm it on shares was not a transfer or assignment within the meaning of the Act. With great, deference to that learned Judge, I can only say that, in view of the recent decisions and of the considerations above expressed, I am constrained to take the opposite view.
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