Can a certificate of title be issued without the executions of the first mortgage?

Saskatchewan, Canada

The following excerpt is from Lutz v. Dominion Trust Co., 1916 CanLII 204 (SK CA):

In the case at bar, however, to issue the certificate of title without the executions appearing would be to give the subsequent mortgagees a greater claim on the land than they had at the time of the execution and registration of the mortgages. I agree with what was said by Beck, J., in Edmonton Mortgage Company v. Cross, 18 W.L.R., at p. 387, where he says:— “The second mortgage, therefore, was a specific charge of the interest of the execution debtor, subject to, and, for the purpose of the question under consideration, it seems to me, with the same effect as if expressed to be subject to the rights of the then execution creditors. A new and different interest from that to which the 3 prior executions attached was thus carved out of the debtor’s interest, and specifically charged with the second mortgage, leaving again a new and different interest subject to be charged or bound, voluntarily or involuntarily, by the act or default of the debtor; and it is, in my opinion, only this latter interest that became affected by the subsequent executions.”

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