Execution Against Land in New Brunswick

Abstract

This article traces the development of the law of execution against land in New Brunswick. The two traditional methods of proceeding against land are examined in detail; that is, the judgment lien created on the registration of a memorial or delivery of a writ of fieri facias to the Sheriff. Particular attention is given to the problems of perfecting or realizing upon the lien of a judgment by the equitable order for sale method or by sale under the writ of fieri facias with relation back of title to the judgment lien. The problems and confusion caused by the decisions in Tobias v. Bob Wilson 8c Co. and by recent amendments to the Memorials and Executions Act will be considered. The possibility of a judgment creditor maintaining his priority against land will also be examined. Finally, some suggestions for reform in this unnecessarily complicated area of the law of execution will be made.