What is the effect of a writ of mandamus to invalidate the title of a person who has not been recorded?

Saskatchewan, Canada


The following excerpt is from R. v. Swain, 1939 CanLII 126 (SK CA):

MACKENZIE J.A.—This appeal involves an application for a writ of mandamus which the prosecutor has been moved to make by virtue of the decision of this Court in MacPhee v. Box 1936 CanLII 141 (SK CA), [1936] 2 W.W.R. 129. In that case it was held that the plaintiff, who had staked certain mineral claims which the mining recorder refused to record, had, without being so recorded, no status to bring an action to invalidate the title of the actually recorded holders thereof.

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