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
The following excerpt is from Yorkshire Trust Co. v. Bennett, 1986 CanLII 1742 (AB QB):
In Jellett v. Wilkie (1896), 1896 CanLII 49 (SCC), 26 S.C.R. 282, 16 C.L.T. 260, the Chief Justice states at pp. 288-89: 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 charges, liens and equities as the same as the debtor? (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Can a charge under section 222 of the Criminal Code be withdrawn and replaced with a new charge under Section 224, but at trial the charge has been withdrawn?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)
Is there a resulting trust where a non-titled party has contributed directly or indirectly to the acquisition by the title holder of the property or the improvement of such property? (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)
Can a creditor commit a tort against a debtor and the damages resulting from the tort are set off against the original debt? (Alberta, Canada)
