Does a writ of execution bind a debtor's legal and equitable interest in land?
Alberta, Canada
The following excerpt is from K.P. v. J.S., 1976 ALTASCAD 57 (CanLII):
Appellant cites the well-known authority of Jellett v. Wilkie (1896) 1896 CanLII 49 (SCC), 26 S.C.R. 282 and s. 128(2) aforesaid, as a reminder that an execution will only bind the execution debtor's legal and equitable interest in land and that it will not bind any better the right of the execution debtor therein than that to which he was entitled at the time he caused a copy of his Writ of Execution to be registered. The execution on registration is subject always to prior equities and charges existing in respect to the land to which it is intended that the execution attach.
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