Can a claim under a grantor's name be repudiated?

Ontario, Canada


The following excerpt is from Burkett v. Ott, 1918 CanLII 19 (ON CA):

“It was not attacked by the grantor, or by his wife, in his lifetime; on the contrary, it was throughout treated by them as if satisfactory and binding; and is now earnestly supported by the widow. There can be no sort of doubt that had it been attacked in his or her name, or in the names of both of them, the action would have been repudiated, and at their instance would have failed. How, then, can any one representing, or claiming under, them, succeed in a like action? The mental condition of the grantor cannot be said to have been such that he could not have prevented such an action, or such as to make him entirely unable to acquiesce in or confirm the transaction in any manner: see Mitchell v. Homfray, 8 Q.B.D. 587”—especially at p. 591.

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