What is the test for proving a deficiency in the title of an execution creditor?
Saskatchewan, Canada
The following excerpt is from Canadian Pacific Railway Company v. Stewart, 1927 CanLII 234 (SK QB):
But the claimant, being the plaintiff in the issue, cannot, in my opinion, succeed by showing a defect in the title of the execution creditor, until the claimant shows some title in itself. The claimant must show such a title or interest in the goods as would enable it to maintain an action against the sheriff. Peake v. Carter [1916] 1 K.B. 652, 85 L.J.K.B. 761.
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