O'Brien  v.  The  Queen.-lT,  529.
3.  Frescriptlon-9  Vic.  cb.  37— Bight  of  the  Crown  to  plead  prescription—
10  years'  prescription— Good  faith— Translatory  title— Judgment  of  con-
firmation—Titre  precaire— Inscription  en  fanx— Improvements,  claim  for
by  incidental  demand-Arts.  3211,  8251,  3306,  C.  C.  li.  C— Art.  478
C.  C  P.  t.  C,

N.  C,  the  suppliant,  by  his  petition  of  right,  claimed,  as  representing
the  heirs  of  P.  W.,  jr.,  certain  parcels  of  land  originally  granted  by  letters
patent  from  the  Crown,  dated  5th  January,  1806,  to  P.  W.,  sr.,  together  with
a  sum  of  $200,000  for  the  rents,  issues  and  profits  derived  therefrom  by  the
Government  since  the  illegal  detention  thereof.  As  to  the  merits  the
defendant  pleaded  -1st.  By  peremptory  exception,  setting  up  title  and
possession  in  Her  Majesty  under  divers  deeds  of  sale  and  documents  ;  2nd.
Prescription  by  30,  20  and  10  years.  An  exception  was  also  fyled,  setting  up
that  these  transfers  to  petitioners  by  the  heirs  of  P.  W.,  jr.,  were  made  with-
out valid  consideration,  and  that  the  rights  alleged  to  have  been  acquired
were  disputable,  droits  litigieux.  The  general  issue  and  a  supplementary
plea  claiming  value  of  improvements  were  also  fyled.   To  first  of  these  excep-


348

Petition  of  Right— Continued.
