JUDGMENT

1. This is an appeal in an execution matter. The difficulty which the Court below has felt is due to the fact that a procedure perfectly legal, but somewhat unusual, and in respect of which this Court has not seen fit to lay down any definite rules, was followed in connection with the execution of a mortgage-decree. Instead of patting up the mortgaged property for sale by auction in the usual way, the Court appointed a Receiver whom it authorised, by an order of the 17th of July 1915, to take all the properties covered by the decree into his possession and to make arrangements for selling the same for the highest price which he could obtain in respect of each of them. It was specially provided that before parting with an item of property he must report to the Court, stating the price offered, and obtain the sanction of the Court before he actually sold it. For some reason or other the Receiver's proceedings were much protracted and it was not until the 22nd of October 1917 that he entered into an arrangement with the decree-holders by which the latter were to purchase the property themselves upon certain terms. The Receiver reported this matter to the Court and, on the 23rd