AI Structured Summary
Not yet generated for this judgment
Judgment
Maclean, C.J.—I think Mr. Justice Hill was quite right, and that the case may be disposed of in a short way and on a clear principle. At the time this partition was effected, some eight years ago, the windows in question must, upon the findings of the Subordinate Judge, be taken to be ancient lights. Under the partition decree the rooms with the ancient lights were allotted to the Plaintiff and the Appellants have no right to block them up.
I do not think that it makes any difference that there were no mutual conveyances as between the parties. The decree adjusted the rights of the parties, and under that decree the Plaintiff was to have these windows, which, as I said before, were ancient lights. The appeal is dismissed with costs.
Macpherson, J.
I agree.