Muttiah Chetty V. Don Martines

Present : Mr. Justice Wendt and Mr. Justice Middleton.

MUTTIAH CHETTY v. DON MARTINES.

WIJESEKERE APPUHAMI et al., Claimants. C

B. Hatton, 4,773.

Mortgage of movables-Sale of mortgaged property by unsecured creditor- Proceeds of sale-Preference-Absence of mortgage decree-Roman-Dutch Law-Civil Procedure Code, ss. 4, 232, and 352.

    A mortgagee of movable property hypothecated by an instrument in writing duly registered, without delivery of possession, is entitled to preference in respect of the proceeds sale, where such property is sold in execution at the instance of an unsecured creditor; and in order to claim such preference it is not necessary that he should have obtained a decree on the bond.

    THE facts are fully stated in the judgment of Wendt J.

     Bawa, for the claimants, appellants.

     Sampayo, for the plaintiff, respondent.

Cur. adv. vult

    15th January ,1904. WENDT J.-

    The question raised upon this appeal is whether the appellants, the mortgagees, without possession, of certain movable property, are entitled to be paid the proceeds sale of that property in preference to the plaintiff, who procured the

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