A Canadian Family

First Nations, French Canadians & Acadians

Land Seizure Quashed (1940) | Surnames: Cross, Diabo, Rice

Index: Newspaper Clippings & Other Extracts Related To Kahnawà:ke

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Land Seizure Quashed

Indian lands located on reservations are not subject to seizure and sale by the sheriff in the ordinary way which apples to the white man’s property, declared Mrs. Justice Jos. Archambault in a judgment in the Superior Court Saturday in which he quashed as irregular, illegal and null, the seizure upon a parcel of land and buildings in the Caughnawaga reserve.

The property was owned by the late Gordon Diabo. Judgment was obtained for $221 against his widow, Ida Rice, now the wife of Andrew Cross, all of Caughnawaga, and a seizure was granted upon the land on August 24, 1939. It was on the opposition to this seizure that Mrs. Cross made opposition, and won under the provisions of the Indian Act which governs lands on reservations.

Under the provisions of the Act the estate went to his wife one third, and the other two-thirds to the minor children. Thomas Diabo, plaintiff in the case, argued that there was no question in his action involving settlement of the estate of the late Gordon Diabo, but merely one of executing  judgment which was not appealed. His Lordship, however, held that the property is the estate of the late Gordon Diabo and subject to the Act.

 

 

Source: The Montreal Gazette, Dec 2, 1940

 

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Index: Newspaper Clippings & Other Extracts Related To Kahnawà:ke

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January 1, 2014 - Posted by | . | , ,

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