Is there authority for the proposition that a lien survives if it is removed by the sheriff under execution or distress?
Alberta, Canada
The following excerpt is from Adanac Tire v. Edmonton (Judicial District), 1979 CanLII 1055 (AB QB):
The applicant argues that Roberts v. Bank of Toronto (1894), 25 O.R. 194, affirmed 21 O.A.R. 629, is authority for the proposition that a lien survives a loss of possession as a result of removal by the sheriff under execution or distress. I have read the case. It is not authority for the proposition. It is an interpleader turning expressly on the simple issue whether in fact the lien existed at the moment of seizure.
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