What is the test for proving a deficiency in the title of an execution creditor?
Saskatchewan, Canada
The following excerpt is from Canadian Pacific Railway Company v. Stewart, 1927 CanLII 234 (SK QB):
But the claimant, being the plaintiff in the issue, cannot, in my opinion, succeed by showing a defect in the title of the execution creditor, until the claimant shows some title in itself. The claimant must show such a title or interest in the goods as would enable it to maintain an action against the sheriff. Peake v. Carter [1916] 1 K.B. 652, 85 L.J.K.B. 761.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances would the execution of an execution be postponed if the execution costs became so high that the execution would not have to be withdrawn? (Saskatchewan, Canada)
Does a purchaser have good title to goods taken in execution and sold by the bailiff as against the real owner? (Saskatchewan, Canada)
Can a certificate of title be issued without the executions of the first mortgage? (Saskatchewan, Canada)
Can title by possession be acquired in unregistered land and if perfected as required by the limitation statute prior to the date of the first certificate of title? (Saskatchewan, Canada)
In what circumstances will a plaintiff have to renew his right to execute an execution without leave? (Saskatchewan, Canada)
What is sufficient if a vendor makes title at a hearing when there has been no repudiation and no plea setting up want of title? (Saskatchewan, Canada)
In what circumstances will a defendant who sells his farmland be able to prove that he has purchased or rented the land after executing the agreement for sale? (Saskatchewan, Canada)
Is a sheriff entitled to costs as against the execution creditor from the time of the order to withdraw? (Saskatchewan, Canada)
In what circumstances will a judge order distribution of a pro rata distribution of execution creditors? (Saskatchewan, Canada)
Is an action for establishment title only, not claiming possession, not establishing title to land under the Rules? (Saskatchewan, Canada)
