WIJEYEWARDENE v. APONSO.

WIJEYEWARDENE  v.  APONSO.

D. C, Colombo, 13,418.

Prescription-Action by mortgagee against administrator of deceased mortgagor- Payment of part interest after his death by widow of deceased who had married in community-Effect of such payment-Right of heirs of deceased husband to resist action by plea of prescription-Ordinance No. 22 of 1871, s. 13.

    In an action brought by a mortgagee against the administrator of the estate of the mortgagor who had been married in community, and whose widow had paid some portion of the interest due,-

    Held that, as the joint matrimonial estate of the mortgagor and his spouse was originally liable on the obligation incurred by the husband, such liability could not be affected by the death of the husband, . and that the heirs of the deceased husband could not resist the mortgagor's action on the plea that the payment of interest by his widow after his death did not keep his share of the obligation alive.

THIS was an action by a mortgagee against the administrator of the estate of the mortgagor on two bonds dated respectively the 13th August, 1888, and 11th December, 1888. It was alleged i

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