Can an execution creditor only sell the property of his debtor subject to all charges, liens and equities as the same as the debtor?

Alberta, Canada


The following excerpt is from McNeil v. Martin, 1982 ABCA 351 (CanLII):

This principle is settled law in Canada. In Jellett v. Wilkie 21 S.C.R. 282, Strong C.J., says at 288: “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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