PARKS CANADA ACQUIRED LAND

ERIC KRAUSE

In business since 1996
- © Krause House Info-Research Solutions -

_____________________________________________________________________________________

ERIC KRAUSE GENEALOGY

_____________________________________________________________________________________

PARKS CANADA ACQUIRED LAND AT POINT PELEE

1954

DECEMBER

William Krause and and Sons are in fact owners of the land on the west shore of the point, where their ice house and fishery building are located

Right of a fishing company to occupy a parcel of land within the Dominion Government Point Pelee National Park

William Krause and Sons - Investment to date in equipment and buildings: 50,000 dollars

http://ink.ourontario.ca/browse/lp -The Leamington Post. December 16, 1954 - pg. 5

1955

JULY

300 feet along the shoreline - The investment made in the Krause holdings was valued at $50,000

http://ink.ourontario.ca/browse/lp -The Leamington Post. July 7, 1955 - pg. 2

1956

MAY

Flashbacks From Bygone Days - Thursday, May 24, 1956

http://ink.ourontario.ca/browse/lp -The Leamington Post. May 21, 1980 - pg. 4

1960

Property to the North of the Residence of Frederick Wilhelm and Maria Mietz Krause

This was an appeal by the plaintiffs from the judgment of Gordon, C.C.J., Essex County Court dismissing the plaintiffs' action for a declaration that they had acquired a possessory title to certain lands at Point Pelee on Lake Erie. The counterclaim was also dismissed but there was no appeal on that part of the judgment. ... There was no dispute as to the paper title to the lands in question. The defendants had acquired it from the Colquitts on whom it had descended under the wills of their father and their mother. The plaintiffs claimed to have been in possession of the lands in question from 1937 when they purchased the fishing business including the vendors right, title and interest in among other things the property in question. The evidence of Krause, Sr. was that at the time he was shown this land and told that was where the previous owner of the business had spread his nets and he had thought he would spread his nets there too. In or around 1943 or 1944 Krause, Sr. entered into negotiations for the purchase of the land from the Colquitts and one of the Colquitts wrote to Krause, Sr. to say that if he would deposit $600 in U.S. funds in escrow they would give him an agreement for sale and a license to enter so that he could have ...
nection with his fishing business, and second by Krause Sr. who purchased the fishing business in 1937 acquiring with it the use of the property in question, until 14th March 1957. During this time he used the said property as a twine field, spread his nets, repaired the fences, cut the grass down and repaired the fences, cut the grass down and for a time had a horse at pasture on it. The paper title in 1936 was in the name of J. Colquitt who died in that year leaving a will appointing her sons, S. and H. Colquitt, executors. On the 5th January 1957, the executors conveyed the lands in question to the defendants, who, on the 14th March 1957, told the plaintiffs to get off the property. It is submitted that the possession of McClelland and Krause was open, constant and visible for a period of more than 10 years and that, therefore, under s. 4 of the Limitations Act, the title of the Colquitts was extinguished and they had no title to convey to the the defendants. Both McClelland and Krause used the property constantly, with the possible exception of a limited period in the winter, and they spread their nets sometimes occupying the whole field, sometimes part, but always in a constant cycle : Lord ... ...
Colquitts' title in 1943 or 1944 by correspondence is of no effect because the possessors' title had already been established . Even if there were an acknowledgment in writing Krause of the Colquitt title, in 1943 or 1944, the Colquitts had lost title prior to that date and an acknowledgment after title by possession is complete does not take away the statutory right which the possession gave: McIntyre v. Canada Co. (1871), 18 Grant 367. In 1943 and 1944 after correspondence concerning the purchase of the said property, Krause stayed on the property, used it as a twine field, paid the taxes and was not disturbed until Happy demanded possession, and he was there under colour of right. Krause after 1943 or 1944 was in possession under colourable title and any actual possession of part of the lot under those circumstances is extended by construction to all the lands within the boundaries of the description in the deed: Wood v. LeBlanc (1904), 34 S.C.R. 627. It is clear from the evidence of the Colquitts and from the documents, that in 1943 or 1944 Krause was given permission to have possession of the property, or in the alternative, the letter of 19th February 1946 from Crewe, a solicitor, instructed instructed Krause Sr. 'that you may use the property until the matter is cleared up', and that, therefore, there was a tenancy-at-will by that date under s. 5(7) of the Limitations Act. The Colquitts' title was extinguished on the expiration of 11 years from the date when the tenancy-at-will was created: Williams, Landlord & Tenant, 2nd ed., pp ...
Krause Sr. denied that such conversations ever occurred. He testified Q. You have told the Court that there was never any discussion about you using the property and looking after the taxes until such time as the deal would be closed, is that right? A. Discussion with who? Q. With Colquitt and yourself. A. Well, the letter will speak for himself. Q. I asked you, witness, if there was any discussion. A. No, sir ... Q. Why did you pay the taxes? A. To protect myself and keep them off of the sale. Q. And it wasn't because of the arrangement with Colquitt? A. I had no arrangement with him. Q. None at all? A. No. Q. That you were to use it and look after it and pay the taxes? A. No, sir. . . . Q. Now, also, there was evidence my friend read from Colquitt. He says he had at least one telephone call or conversation with you in 1943 or 44. Did you ever telephone? A. I never talk over the phone to them. Q. You are sure of that? A. I am sure. I have previously quoted from the letter written by Crewe to Krause Sr. on 19th February 1946, in which he stated that he was authorized to inform Krause Sr. that he could use the property until the matter is cleared up.
Counsel for the defendants submitted that 19th February 1946, was too late a date to permit the necessary limitation period to run as the defendants received their deed from the Colquitts on the 5th January 1957, which was the governing date and not 14th March 1957, when notice was given to the plaintiffs to vacate. ... I do not find it necessary to deal with this last question of law as I consider that the testimony of S N Colquitt regarding his telephone conversation with Krause Sr. is to be accepted both as to permission to enter and as to the agreement to pay taxes in consideration of the permission given. In so doing I accept the valuation placed on the plaintiffs' testimony by the trial Judge. In his reasons he stated that Krause Sr. as well as Krause Jr. had proved unsatisfactory witnesses and where their testimony was in conflict with that of the defendants he accepted the latter. This opinion would apply with equal force, should think, where Krause's testimony conflicts with that of other witnesses. ... On Colquitt's evidence Krause was placed in possession in 1943 or 1944. The question now arises as to whether Krause Sr. went into possession at that time as a tenant-at-will or, as counsel for the defendants contends, as a licensee. As to what is necessary to constitute one or the other, I refer to Denning ...
Section 5(7) of the Limitations Act reads ... Where any person is in possession or in receipt of the profits of any land, or in receipt of any rent, as tenant at will, the right of the person entitled subject thereto, or of the person through whom he claims, to make an entry or distress, or to bring an action to recover the land or ....Counsel for the appellants contended that Krause Sr. was placed in possession as a tenant at will by S. N. Colquitt acting for his mother's estate some time in 1943 or 1944 as appeared from Colquitt's own evidence: but if not placed in possession at that time by Colquitt (for Krause denied Colquitt's evidence as to any telephone conversation between them in that period) then the letter from Crewe, the solicitor, had that effect as of 19th February 1946. He submitted that, having been placed in possession under colour of right, the possession of Krause Sr. was, after such time, possession of the whole property, any possession of part of the lot under these circumstances being extended ...
- The Ontario reports: cases determined in the Supreme Court of Ontario (Appellate and High Court divisions)., Volume 23, Issue 1911, 1960, Krause versus Happy, pp. 385-396 plus

1966

June

Expropriation of Point Pelee Properties - William Krause

http://ink.ourontario.ca/browse/lp -The Leamington Post. June 9, 1966 - Page 1

August

Purchase of Point Pelee Properties

http://ink.ourontario.ca/browse/lp -The Leamington Post. Aug 25, 1966 - Page 1

c. 1969

William Krause Point Pelee fisherman who won legal possession of 1 1/2 acres of land in a Windsor trial last year, lost it to the federal government in a ruling handed down this week by the Ontario Court of Appeal.
- SOURCE

Records of the National Archives of Canada

Claim of William Krause - Point Pelee National Park
1951-1956. File.

Title: Claim of William Krause - Point Pelee National Park.
Arrangement structure: Department of Indian Affairs and Northern Development
File part of: Legal Branch [textual record] (R216-715-8-E)
Date(s): 1951-1956
Place of creation: No place, unknown, or undetermined
Extent: Inventory no.: 22-7
Conditions of access:

File no. (creator) 482
Former archival reference no. RG22-A-2
Textual records 32: Restricted by law
Volume 77 32: Restricted by law

Finding aid no.: 22-7
Source: Government
Other system control no.: FIND022/2921
MIKAN no.: 1704719

National Archives of Canada ( http://collectionscanada.gc.ca/ )

_______________

Point Pelee, Ontario - DIAND -
Appraisal, Acquisition and Disposal of Land and Properties - Krause, William
1971. File.

Title: Point Pelee, Ontario - DIAND - Appraisal, Acquisition and Disposal of Land and Properties - Krause, William.
Arrangement structure: Department of Public Works
File part of: Registry files [textual record] (R182-282-2-E)
Date(s): 1971
Place of creation: No place, unknown, or undetermined
Extent: Inventory no.: 11-8
Conditions of access:

File no. (creator) X1653-737-8-75
Former archival reference no. RG11-B-4
Textual records 32: Restricted by law
Volume 5392 File Part 1 32: Restricted by law

Finding aid no.: 11-64
Source: Government
Other system control no.: FIND011/5209
MIKAN no.: 1684530

Appraised Acquired and Disposed Lands and Properties of Point Pelee:

Roberts, John and Anna-Belle RG11-B-4

Cowell, Fred D RG11-B-4

Millian, William RG11-B-4

Noble, George and Helen RG11-B-4

Landon, Jack and Blanche RG11-B-4

Girardin, Thomas and Bertha RG11-B-4

Sikkema, Peter and Frances R RG11-B-4

Fullerton, William and Anna RG11-B-4

Colman, Marion RG11-B-4

Tavelre, Edward RG11-B-4

Wowchuk, William RG11-B-4

Kuliszko, Peter RG11-B-4

Sellon, Ernest H RG11-B-4

Macleod, Mary and Alex RG11-B-4

Turner, Robert and Esther RG11-B-4

Cooper, Daniel RG11-B-4

Tilder, Donald RG11-B-4 [Tilden?]

Anders, Franklin RG11-B-4

Giles, Helen RG11-B-4

Rae, William and Margaret RG11-B-4

Ponic, Steve and Jessie RG11-B-4

Stechle, Mary RG11-B-4

Eccles, John and Mary and Thomas RG11-B-4

Hirky, Wasyl RG11-B-4

Ellis, Isaac and Elizabeth RG11-B-4

Hungate, Clarence RG11-B-4

Wilkinson, Anna RG11-B-4

Herman, Cecil RG11-B-4

Hubbart, Richard RG11-B-4

Donoso, Severino and Margaret RG11-B-4

Trumble, Alfred RG11-B-4

Gerber, Richard RG11-B-4

Phillips, Lillian, M RG11-B-4

Williamson, Agnes - Price, Helen RG11-B-4

Williamson, Agnes - Simpson, Russel and Bleanor RG11-B-4

Williamson, Agnes - Kendrick Fred J. and Mildred RG11-B-4

Kendrick, Charles and Ruth RG11-B-4

Jablonowski, Henry and Virginia RG11-B-4

Lemieux, Florian RG11-B-4

Campbell, George RG11-B-4

Dietrich, Faye E RG11-B-4

Parker, Edward H RG11-B-4

Anders, Eunice B RG11-B-4

Campbell, Jacob RG11-B-4

Durocher, Claude and Alma RG11-B-4

Maenpaa, H. O. and Anna RG11-B-4

Cox, Arthur and Dorothy RG11-B-4

Moody, James RG11-B-4

Quick, Dobson, Peters and Morgan RG11-B-4

Nahrgang, V.G RG11-B-4

Fyall, Janet, F RG11-B-4

Deslaurier, G RG11-B-4

Sibley, Joann RG11-B-4

Chapman, W. and Mary RG11-B-4

Krause, William RG11-B-4

Slobadenuk, Alex RG11-B-4

Troutman, S. and E RG11-B-4

Lee, Mary Alice RG11-B-4

Hebert, Alec and Eva RG11-B-4

Zelezney, N. Est RG11-B-4

Coultis, J.R RG11-B-4

Stradek, Bern RG11-B-4

Girardin, C.L RG11-B-4

Locarno Apartments Limited RG11-B-4
National Archives of Canada ( http://collectionscanada.gc.ca/ )

_______________

Point Pelee National Park - Administration of Lands Outside Townsite - Fish House Site - Wm. Krause 1943-1957. File.

Title: Point Pelee National Park - Administration of Lands Outside Townsite - Fish House Site - Wm. Krause.
Arrangement structure: Department of Canadian Heritage
File part of: Park/subject classification system [textual record, cartographic material] (R5747-7-0-E)
Date(s): 1943-1957
Place of creation: No place, unknown, or undetermined
Extent: Inventory no.: 84-2
Conditions of access:

Textual records: 90: Open
Microfilm reel RG84 T-10485
File no. (creator) P16-21
Former archival reference no. RG84-A-2-a
Textual records 32: Restricted by law
Volume 1709 File Part 1=1943-1952: 32: Restricted by law
File Part 2=1952-1955
File Part 3=1955-1957

Finding aid no.: 84-2
Source: Government
Other system control no.: FIND084/14041
MIKAN no.: 849664

Point Pelee National Park - Purchase of Privately Owned Land:

Gillanders Copy RG84-A-2-a

Frank Anders [Orchard Site] RG84-A-2-a

Fish House Site - Wm. Krause RG84-A-2-a
National Archives of Canada ( http://collectionscanada.gc.ca/ )_______________

Point Pelee National Park - Administration of Lands Outside Townsite - Fish House Site - Wm. Krause 1943-1957. File.

Title: Point Pelee National Park - Administration of Lands Outside Townsite - Fish House Site - Wm. Krause.
Arrangement structure: Department of Canadian Heritage
File part of: Park/subject classification system [textual record, cartographic material] (R5747-7-0-E)
Date(s): 1943-1957
Place of creation: No place, unknown, or undetermined
Extent: Inventory no.: 84-2
Conditions of access:

Textual records: 90: Open
Microfilm reel RG84 T-10484
File no. (creator) P16-21
Former archival reference no. RG84-A-2-a
Textual records 32: Restricted by law
Volume 1709 File Part 1=1943-1952: 32: Restricted by law

Finding aid no.: 84-2
Source: Government
Other system control no.: FIND084/5209
MIKAN no.: 841145

Purchase of Privately Owned Property:

Gary Adams RG84-A-2-a

Gertrude Burns RG84-A-2-aPoint

Jacob M. Campbell RG84-A-2-a

A.E. Casper RG84-A-2-a

Caroline Chamberlain RG84-A-2-a

Gertrude Chapoton RG84-A-2-a

Chorny (Family) RG84-A-2-a

Karl and Hedwig Christen RG84-A-2-a

Harold and Frieda Connor RG84-A-2-a

(Mrs.) George Cooke RG84-A-2-a

Daniel Cooper RG84-A-2-a

Robert Davies RG84-A-2-a

Helen Dawson RG84-A-2-a

Dillon and Matthews (Family) RG84-A-2-a

Severino Donoso RG84-A-2-a

Ellis (Family) RG84-A-2-a

Emery (Family) RG84-A-2-a

Richard Gerber RG84-A-2-a

Nellie Gillanders RG84-A-2-a

Gillanders Copy RG84-A-2-a

Charles Girardin RG84-A-2-a

Thomas and Bertha Girardin RG84-A-2-a

Leon Horan RG84-A-2-a

Richard Hubbart RG84-A-2-a

Jean Isaacson RG84-A-2-a

Newton James RG84-A-2-a

Ernest Kelso RG84-A-2-a

Madeline King RG84-A-2-a

Peter Kuliszko RG84-A-2-a

Harry Marchand and Jean Marchand RG84-A-2-a

Hugo McCormick RG84-A-2-a

Alice McCubbrey RG84-A-2-a

McGhee (Family) RG84-A-2-a

Leon McPherson RG84-A-2-a

J. Charles Maycock RG84-A-2-a

Anne Melenko RG84-A-2-a

James Moody RG84-A-2-a

George Noble RG84-A-2-a

Newell Olds RG84-A-2-a

Frank Anders [Orchard Site] RG84-A-2-a

E.A. National Parker RG84-A-2-a

Lawrence Peters RG84-A-2-a

Fred and Minnie Ponic RG84-A-2-a

Portelli (Family) RG84-A-2-a

Steve Pula RG84-A-2-a

William Rae RG84-A-2-a

John Ruby RG84-A-2-a

Rvettinger (Family) RG84-A-2-a

Robert Simpson RG84-A-2-a

W.K. Stoddard RG84-A-2-a

Ken and Shirley Stowe RG84-A-2-a

John and Jean Troup RG84-A-2-a

Robert and Esther Turner RG84-A-2-a

Guido Vendrasco RG84-A-2-a

Watson RG84-A-2-a
National Archives of Canada ( http://collectionscanada.gc.ca/ )

_______________

Point Pelee National Park

Cancellation of lease of C.W. Cadwell of lot at Point Pelee - From the Department of the Interior 1911/10/09-1911/11/22. File - RG13-A-2 - file 1911-1133
Claim of Mrs. Helen Grubb, legal representative of late James Edwards, Squatter on Naval Reserve at Point Pelee - From the Department of the Interior 1911/04/28-1911/06/15. File. - RG13-A-2 - file 1911-573
Department of Interior - For draft L.P. to Joseph Girardin for Lot No. 13 Naval Reserve at Point Pelee 1892/02. File. - RG13-A-2 - file 1892-193
Department of the Interior - For dft [draft] lease to C.W. Cadwell of lot on Naval Reserve at Pt. [Point] Pelee for sand and gravel 1910/05. File. RG13-A-2 - file 1910-712
Department of Marine and Fisheries - Heward, John O. - Point Pelee Marsh - Govt [Government] would like to lease from J. Heward a piece of land to be used for lighthouse purposes 1870/02. File. RG13-A-2 - file 1872-118
Department of the Interior - Fishing licenses at Point Pelee 1921/03-1921/04. File. RG13-A-2 - file 1921-566
Department of Interior - For draft patent to Francis Girardin Jr. for land at Point Pelee 1907/02. File RG13-A-2 - file 1907-237
Department of the Interior - For draft lease of Naval Reserve at Point Pelee to H.S. Ivison 1904/07-1904/08. File. RG13-A-2 - file 1904-706
Department of the Interior - For draft lease to Trustees of the Undernominational Church at Point Pelee Ontario 1902/10. File. RG13-A-2 - file 1902-836
Department of the Interior - Quit claim deed from South Essex Gun Club to Trustees of Union Church at Point Pelee 1902/07. File. RG13-A-2 - file 1902-636
Point Pelee National Park - Administration of Lands Outside Townsite - Dwelling Site (1/4 acre) - Elizabeth Livingston 1920-1936. File. RG84-A-2-a - file P16-5
Point Pelee Marsh (Naval Reserve) South Essex - Gun Club 1849-1910. File. RG84-A-1-a - File 1694
Point Pelee National Park - Fishing 1933-1955. File. RG84-A-2-a - File P296
Point Pelee National Park - Administration of Lands Outside Townsite - Fish House Site - Lot #14 - Mrs. Lita Girardin RG84-A-2-a
Point Pelee National Park - Administration of Lands Outside Townsite - Fish House Site - Wm. Krause RG84-A-2-a
Point Pelee National Park - Administration of Lands Outside Townsite - MacLean Brothers Fishery Site RG84-A-2-a
Point Pelee National Park - Schools RG84-A-2-a
Point Pelee Marsh (Naval Reserve) South Essex - Gun Club 1910-1961. File. RG84-A-1-a - File 1694
Point Pelee Marsh (Naval Reserve) South Essex - Gun Club 1849-1910. File. RG84-A-1-a - File 1694

National Archives of Canada ( http://collectionscanada.gc.ca/ )

1970

Park Property Sales Increase

100 Acres Still Privately Owned

http://ink.ourontario.ca/browse/lp -The Leamington Post. April 2, 1970 - pg. 24