Wadsworth, J.

1. This appeal raises the question of the effect of the insolvency of the judgment-debtor under a mortgage decree, the adjudication taking place after orders had been passed for the sale of the hypotheca under the decree but before the sale was actually held. The appellant, who is the plaintiff, is a purchaser under a subsequent sale held by the Official Receiver. The following are the essential dates. The mortgage decree is dated 19th May, 1925. The judgment-debtor preferred his insolvency petition on 1st July, 1926. The sale under the mortgage decree was ordered on 8th July, 1927. The adjudication was on 26th July, 1927. On 7th September, 1927, the sale in execution of the mortgage decree was held without notice to the Official Receiver and the defendant purchased the property. On 31st January, 1930, the Official Receiver sold the property to the plaintiff subject to the mortgage upon which the decree was passed and the subsequent mortgage. The sale-deed was actually executed nearly a year later. The suit is one for possession on the basis of this sale from the Official Receiver, the plaintiff offering to redeem the mortgage on which the decree was passed if