Can an execution creditor only sell the property of his debtor subject to all charges, liens and equities as the same as the debtor?
Alberta, Canada
The following excerpt is from McNeil v. Martin, 1982 ABCA 351 (CanLII):
This principle is settled law in Canada. In Jellett v. Wilkie 21 S.C.R. 282, Strong C.J., says at 288: “No proposition of law can be more amply supported by authority than that which the respondents invoke as the basis of the judgment under appeal, namely, that an execution creditor can only sell the property of his debtor subject to all such charges, liens and equities as the same was subject to in the hands of his debtor.”
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can an execution creditor only sell the property of his debtor subject to all such charges, liens and equities as the same was subject to in the debtor's hands? (Alberta, Canada)
Can an execution creditor only sell the property of his debtor subject to all such charges, liens and equities as the same is subject to? (Alberta, Canada)
What is the test for an execution creditor to be able to sell the property of a debtor? (Alberta, Canada)
What are the circumstances in which execution/enforcement creditors obtained interest in the property of one spouse's property after the other spouse commenced an action for division of matrimonial property? (Alberta, Canada)
Does an equitable execution create a charge on the property? (Alberta, Canada)
Can a creditor raise a limitation defence of their debtor to defeat the priority claim of another creditor? (Alberta, Canada)
Can a charge under section 222 of the Criminal Code be withdrawn and replaced with a new charge under Section 224, but at trial the charge has been withdrawn? (Alberta, Canada)
What is the effect of counsel suggesting that where a debtor gives his creditor a promissory note the terms of the contract must be found in the note itself? (Alberta, Canada)
Does a part performance claim an insurable interest in a property where the tenant has made substantial improvements to the property? (Alberta, Canada)
How does a conveyance between a close relative and a creditor defeat the claim of creditors? (Alberta, Canada)
