Sec. 111. Rights of execution creditors, p. 211.

Sec. 112. Seizure of mortgage under execution, p. 211.

Sec. 113. Discharge by sheriff or bailiff, p. 214.

Sec. 111. Rights of execution creditors

The question of priority under the Registry Act (a) and under the Land Titles Acts (b). as between an execution creditor of the mortgagor and a mortgagee or purchaser of the mortgaged land has already been discussed, and the rights and remedies of an execution creditor of the mortgagor in other respects are discussed in a subsequent chapter (c). The subject of the present chapter is the rights and remedies of an execution creditor of the mortgagee.

It was formerly held in Upper Canada that the interest of a mortgagee of land could not be sold under a writ of execution, even after the estate had become absolute at law by reason of the mortgagor's default, because the mortgagee held the land as security for a debt and the effect of a sale under execution would be to separate the estate and the debt (d). The law was, however, changed by statute in Ontario (e).