What is the meaning of the words "except as against the person making the same"?
Alberta, Canada
The following excerpt is from Price v. Materials Testing Laboratories Ltd., 1976 CanLII 316 (AB QB):
In some Torrens statutes the section which corresponds with the present Alberta s. 56 contains the words "except as against the person making the same" to render it beyond doubt that the instrument is operative at least as against the maker of it. The history of these words as they appear in the British Columbia statute is discussed by Estey J. in Davidson v. Davidson, 1946 CanLII 12 (SCC), [1946] S.C.R. 115 at 118-19, [1946] 2 D.L.R. 289.
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