Northwest Thresher Co. v. Fredericks

Northwest Thresher Co. v. Fredericks

Because the lands were statutorily exempt from seizure by the Exemptions Ordinance, registration of a writ of execution under the Land Titles Act could not create any charge or incumbrance on those lands; therefore a transferee received title free of any such purported incumbrance and the registrar must remove the indorsement.

Citation
(1911) 44 SCR 318
Parties
Defendant Appellant: Northwest Thresher Company; Plaintiff Respondent: Sarah Elizabeth Fredericks
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
7 March 1911
Procedural Posture
Civil Appeal / On Appeal From the Supreme Court of Saskatchewan; Appeal Per Saltum to the Supreme Court of Canada
Outcome
Appeal dismissed with costs; judgment of Newlands J. in the Supreme Court of Saskatchewan affirmed.
Legal Topics
Homestead Exemption, Land Titles Registration, Execution and Seizure, Registered Incumbrance
Source Language
English
Property Law Homestead Exemption Land Titles Registration Execution and Seizure Registered Incumbrance

Case Brief

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Parties

Northwest Thresher Company

Defendant Appellant

Sarah Elizabeth Fredericks

Plaintiff Respondent

Procedural Posture

Civil Appeal / On Appeal From the Supreme Court of Saskatchewan; Appeal Per Saltum to the Supreme Court of Canada

Legal Issues

  1. 1 Whether homestead lands exempt under the Exemptions Ordinance are affected by registration of writs of execution under the Saskatchewan Land Titles Act
  2. 2 Whether registration of a writ creates a charge or incumbrance on exempt homestead lands
  3. 3 Whether a transferee of exempt homestead lands takes free of any incumbrance resulting from such registration

Ratio Decidendi

Because the lands were statutorily exempt from seizure by the Exemptions Ordinance, registration of a writ of execution under the Land Titles Act could not create any charge or incumbrance on those lands; therefore a transferee received title free of any such purported incumbrance and the registrar must remove the indorsement.

Court Disposition

Appeal dismissed with costs; judgment of Newlands J. in the Supreme Court of Saskatchewan affirmed.

Orders

  • Appeal dismissed with costs.
  • Registrar ordered to remove the memorandum of incumbrance from the respondent's certificate of title.