Present: The Hon. Sir Joseph T. Hutchinson, Chief Justice,
and Mr. Justice Grenier.

MUDIANSE v. WILSON et al.

D. C., Randy, 18, 374.

Civil Procedure Code, s. 547- Mortgage without administration- Validity.

A mortgage is not a transfer, and does not fall within the purview of section 547 of the Civil Procedure Code:

ACTION rei vindicatio. Appeal by the plaintiff from a judgment of the District Judge. The facts sufficiently appear in the judgment of the Chief Justice.

E. W. Jayewardene (with him R. L. Pereira), for the plaintiff, appellant.

Wadsworth, for the defendants, respondents.

May 3, 1909. Hutchinson C. J.-

The appellant brought this action to recover two pieces of land called Galahitiyawakumbura and Galahitiyawahena. The lands belonged to Punchi Naide, who died intestate in December, 1902, leaving an estate worth (as alleged in the plain and admitted in the answer) more than Rs. 1, 000, and leaving as his sole heir Pallegedera Appu, who took out administration in October, 1905, and then conveyed the lands to himself as heir, and thereafter sold them to the plaintiff. But before he had obtained administration, Pallegeder