Goonatilleke V. Jayasekera Et Al.,

present: Hutchinson C.J. and Grenier J.   Jan.6,1911

GOONATILLEKE v. JAYASEKERA et. al

385-C. R. Galle, 6,074.

Mortgage of immovables Subsequent acquisition of title by mortgagor-Mortgage to another person after acquisition of title-Land purchased by prior mortgagee at Fiscal's sale-Third mortgage, before Fiscal's conveyance to prior mortgagee by owner, to pay off puisne mortgagee's decree-Legal subrogation-Priority.

A, who acquired title to a land in December, 1903, specially mortgaged it to B in April, 1903. In May, 1904, A mortgaged the same land to C. In April, 1905. B obtained a mortgage decree on his bond, and at the Fiscal's sale bought the land in December, 1905, and obtained a Fiscal's transfer in December, 1906. In March, 1906. A, in order to pay off C, who had obtained a mortgage decree against him mortgaged the land to D. In November, 1906, D sued A on his bond and bought the land himself. In an action for declaration of title by B against D, held that B had a superior title.

Grenier J.-Under the Roman-Dutch Law a person may mortgage property of which he is not the owner at the date of the mortgage, whether that prop

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