Wadsworth, J.

1. This appeal arises out of a suit by a Court-auction purchaser for possession of the land which he had purchased, from the appellants who are alleged to have trespassed upon that land after delivery through Court, claiming title to it under a private sale made at the time when the attachment was pending. The essential facts are that the appellants, who, were defendants 1 and 2 in the trial Court, held certain mortgages over the land in question and they allege that on 10th March, 1932 the mortgagor who was not a party in these proceedings entered into an agreement with them to sell to them* the mortgaged land. The written statement does not describe this agreement, but it is said in the course of arguments that it was an unregistered written agreement. Nearly a month later, on 3rd April, 1932 the present respondent in execution of a money decree against the mortgagor attached that land. It is not in evidence whether this attachment was with or without notice of the contract to sell. On 8th June, 1932, that is to say, two months after the attachment the mortgagor executed a registered sale deed in favour of the appellants conveying to them the land which was u