Burns v. Foster

Plaintiffs purchased in 1931 a 50-foot lot in Sault Ste. Marie, and in 1936 constructed a home 47 feet in width on said lot. In the spring of 1937 plaintiffs landscaped not only the 50 feet they purchased but an additional 3 feet of an adjoining lot (defendant’s lot 15). While the property was purchased by the plaintiffs as tenants by the entire-ties, the husband is referred to as the plaintiff herein, representing both parties.

Defendant purchased this adjoining lot in 1953 and when plaintiff’s right to ownership of the 3 feet in dispute was challenged by defendant in 1955, plaintiff brought…