Is a bill of sale valid if it is not registered with the clerk?

Saskatchewan, Canada


The following excerpt is from Kirby v. McIntosh, 1913 CanLII 276 (SKDC):

I am of the opinion in this action that judgment should go for the defendant. I am strongly of the opinion that it is not sufficient merely to leave the instrument with the clerk, but that the instrument is not registered until it has been entered in the registration book kept for that purpose by the clerk. In Trinder v. Raynor, supra, an interpleader action, the plaintiff filed a bill of sale of horse and mare with the registrar of bills of sale. The registrar failed to transmit an abstract of the registered bill of sale to the registrar of the county court within the district where the chattels were situated, and it was held that this did not void the bill of sale, which had priority over the execution of the execution creditor, who had searched the register of the county court and found no registration of any bill of sale affecting the animals, and in consequence had filed his execution.

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