What is the test for the proposition that even though the seller is ignorant of the fact that he is not the owner, no legal title and legal right to possession passes to the innocent purchaser for value?
British Columbia, Canada
The following excerpt is from Carolina Industrial Equipment Sales Ltd. v. Browne, 2002 BCSC 276 (CanLII):
The plaintiff refers to Rowland v. Divall, [1923] 2 K.B. 500 (Eng.C.A.) as authority for the proposition that even though the seller is ignorant of the fact that he is not the owner and has no right to sell, no legal title and legal right to possession passes to an innocent purchaser for value.
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