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.
"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
What is the test for establishing that if one person buys property but conveys it into another person's name or into his name, that other person becomes resulting trustee for the purchaser? (Saskatchewan, Canada)
Can a professional person be liable in tort to other persons than their client for breach of their duty to use reasonable care? (Saskatchewan, Canada)
If a vendor takes a personal judgment against a plaintiff, and then withdraws the execution of the contract, what is the effect of the judgment against the vendor? (Saskatchewan, Canada)
Can a person be added as a party in a personal injury action where the outcome of the action directly affects him? (Saskatchewan, Canada)
Is interference with a person’s name, reputation or integrity included in the right to security of the person? (Saskatchewan, Canada)
Can title by possession be acquired in unregistered land and if perfected as required by the limitation statute prior to the date of the first certificate of title? (Saskatchewan, Canada)
What is the effect of the Courts of Equity’s jurisdiction on the terms of a personal injury agreement? (Saskatchewan, Canada)
What is the effect of requiring payment to a defendant in a personal injury case? (Saskatchewan, Canada)
What is the effect of a default on a personal representative? (Saskatchewan, Canada)
Is it actionable to induce or persuade another person not to enter into a contract with another person? (Saskatchewan, Canada)
