Jellett v. Wilkie

Jellett v. Wilkie

Section 94 of the Territories Real Property Act, as amended, does not displace the equitable rule that an execution creditor may only sell the debtor's property subject to existing charges, liens and equities; the statutory filing operates as a caveat protecting against intermediate dispositions by the debtor but does not give the execution creditor superiority over prior unregistered transferees, though a purchaser from the sheriff who subsequently registers the sheriff's deed would take priority.

Citation
(1896) 26 SCR 282
Parties
Defendant Appellant: St. George Jellett; Plaintiff Respondent: Daniel R. Wilkie; Plaintiff Respondent: The Scottish Ontario & Manitoba Land Company; Plaintiff Respondent: Robert W. Powell; Plaintiff Respondent: Jacob Erratt; Execution Debtor / Registered Owner: Edmonton and Saskatchewan Land Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
18 May 1896
Procedural Posture
Civil Appeal (real Property / Registration) / Final Appeal to the Supreme Court of Canada From the Supreme Court of the North West Territories
Outcome
Appeal dismissed with costs; judgment of the Supreme Court of the North-west Territories affirmed.
Legal Topics
Priority of Liens, Effect of Registration, Equitable Interests Vs Legal Title, Caveat by Filing Execution, Sheriff's Sale and Registration
Source Language
English
Real Property Registration Execution Equity Torrens System Priority of Liens Effect of Registration Equitable Interests Vs Legal Title +2 more

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Parties

St. George Jellett

Defendant Appellant

Daniel R. Wilkie

Plaintiff Respondent

The Scottish Ontario & Manitoba Land Company

Plaintiff Respondent

Robert W. Powell

Plaintiff Respondent

Jacob Erratt

Plaintiff Respondent

Edmonton and Saskatchewan Land Company

Execution Debtor / Registered Owner

Procedural Posture

Civil Appeal (real Property / Registration) / Final Appeal to the Supreme Court of Canada From the Supreme Court of the North West Territories

Legal Issues

  1. 1 Whether section 94 of the Territories Real Property Act (as amended) displaces the equitable rule that an execution creditor can only sell property subject to prior charges and equities
  2. 2 Whether prior unregistered transfers or contracts for value defeat a subsequently registered writ of execution
  3. 3 Whether filing an execution under s.94 operates as an instrument creating priority or merely as a caveat against intermediate dispositions

Ratio Decidendi

Section 94 of the Territories Real Property Act, as amended, does not displace the equitable rule that an execution creditor may only sell the debtor's property subject to existing charges, liens and equities; the statutory filing operates as a caveat protecting against intermediate dispositions by the debtor but does not give the execution creditor superiority over prior unregistered transferees, though a purchaser from the sheriff who subsequently registers the sheriff's deed would take priority.

Court Disposition

Appeal dismissed with costs; judgment of the Supreme Court of the North-west Territories affirmed.

Orders

  • Appeal dismissed with costs.
  • Judgment of the Supreme Court of the North-west Territories affirmed: writs declared clouds on respondents' titles; registrar ordered to cancel entry of the executions; sheriff restrained from selling under the executions.