SILVA v. ABAYAGUNAWARDANA et al.

SILVA v. ABAYAGUNAWARDANA et al.

D. C., Galle, 4,099.

 

Seizure in execution-Mortgage of property seized-Return to writ-Prohibitory order under s. 37 of Ordinance No. 4 of 1867-Title of purchaser in execution.

Where property is duly seized in execution under Ordinance No. 4 of 1867, a mortgage of the same by the judgment-debtor is null and void as against the title of the purchaser at the sale on such seizure.

Where it was necessary to prove a seizure in execution eight or nine years after the event, and it appeared that the Fiscal had made return that the seizure had been duly made, and a list of the property seized appeared at the foot of such return, in terms of section 45 of Ordinance No. 6 of 1867- held, per Withers, J., that, in the circumstances, the fact that a prohibitory order under section 37 was duly affixed might, well be presumed.

THE first defendant in this case had by bond dated September 11, 1889, mortgaged certain lands to one Adrian, who by the deed of 27th April, 1894, assigned the mortgage bond to plaintiff. Plaintiff put the bond in suit in case No. 3,11.5 of the District Court of Galle against the fi

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