Is a deed of trust void even between the parties?
Ontario, Canada
The following excerpt is from Webb v. Marsh, 1892 CanLII 35 (ON CA):
I doubt very much whether it is right to hold that this deed was wholly void even between the parties. It is no doubt void for the purpose of upholding the grantee’s claim in a court of justice to oust a defendant in possession. The statute does not in terms avoid it, but the Court in Doe Williams v. Evans, 1 C.B. 717, treat it and speak of it as void, and so it was by the common law.
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