What common law principles apply to a judgment creditor?
British Columbia, Canada
The following excerpt is from Long, Re, 1985 CanLII 398 (BC SC):
Reference is then made to the common law principles alluded to in Davidson v. Davidson, 1946 CanLII 12 (SCC), [1946] S.C.R. 115, [1946] 2 D.L.R. 289, and in particular the words of Estey J. at p. 121: These statutory provisions, read, as they must be, in association with section 34, retain the common law rule with respect to rights of judgment creditors. Under that rule the execution creditor can only attach that interest which exists in the execution debtor. The respondent having disposed of his entire interest before the registration of the judgment, this judgment cannot attach the land in question as certified by the Registrar.
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