Can an execution creditor only sell the property of his debtor subject to all such charges, liens and equities as the same was subject to in the debtor's hands?
Alberta, Canada
The following excerpt is from Auctus International Inc. v. 240940 Alberta Ltd., 1986 CanLII 1606 (AB QB):
Strong C.J.C. giving the judgment of the court in Jellett v. Wilkie, said at pp. 288-89: 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 the debtor.
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