Can a court order a sale under the Bankruptcy Consolidation Act, 12 & 13 Vict. 106, to be executed?
Ontario, Canada
The following excerpt is from Macdonald v. Mccall, 1885 CanLII 25 (ON CA):
We have another instance in O’Brien v. Brodie, L.R. 1 Ex. 302, where an analogous provision of the Bankruptcy Consolidation Act, 12 & 13 Vict. ch. 106, was in question. The sale under the execution in that case was stayed by an interpleader order, and by reason of that stay, had not taken place when the bankruptcy occurred. The court nevertheless felt bound to give effect to the statute which deprived the creditor of the benefit of his execution.
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