Standard Trusts Company v. Briggs
1926: May 10.
Present:—Anglin C.J.C. and Idington, Duff, Newcombe and Rinfret JJ.
Executions—Homestead—Transfer of by execution debtor to wife—Wife carrying on farm—Whether crop exigible under execution against husband.
[Page 602]
MOTION for leave to appeal to the Supreme Court of Canada from a decision of the Appellate Division of the Supreme Court of Alberta, allowing an appeal by the defendant respondent from a judgment by McCarthy J. on an interpleader issue as to a wife's right as against her husbands execution creditors to the crops grown by her on their homestead and on other land leased by her.
[Page 603]
The Supreme Court of Canada, after hearing counsel for both parties, refused the motion with costs.
Motion refused with costs.
Geo. F. Henderson K.C. for motion.
S. Clark contra.
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