Can an execution made against property of a judgment debtor be registered against an unregistered property?
Newfoundland and Labrador, Canada
The following excerpt is from Apache Construction & Development Limited v HP Holdings Limited, 1988 CanLII 4422 (NL CA):
Legislation providing for the registration of an execution made against property of a judgment debtor and its effect on unregistered deeds and other documents embracing the same property have been strictly construed by the courts so as to give effect to the common law rule. As stated by Lord Cranford in Eyre v. McDowell, supra: "... it is hardly possible to suppose that the legislature could have intended so to alter the relative position of debtor and creditor as to enable the latter to satisfy himself out of property over which the former had no disposing power. If for any reason such a change had been contemplated, we should surely have had some recital indicating an intention to make such an unusual deviation from principle."
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