What is the test for an execution creditor to be able to sell the property of a debtor?
Alberta, Canada
The following excerpt is from Hamilton Brothers Corp. v. Royal Trust Corp. of Canada, 1991 CanLII 5821 (AB QB):
As was stated in Jellett v. Wilkie (1896), 1896 CanLII 49 (SCC), 26 S.C.R. 282, Strong C.J.C. stated as follows 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.
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