Alwis V. Fernando Et Al.,

Feb.13,1911   Present: Hutchinson C.J. and Middleton J.

ALWIS v. FERNANDO et al.

341-D. C. Colombo, 30,220.

Mortgage-Subsequent acquisition of title by mortgagor-Conveyance by mortgagor to another after acquisition of title-Subsequent grantee acquires a title unfettered by mortgage.

A mortgaged a land to B in 1898 when he had no title to the land. In 1902 A acquired title to the land. In 1903 C bought the land from A for valuable consideration in good faith and without notice of the mortgage bond.

Held, (1) that C acquired title to the land unfettered by the mortgage to B; (2) that C was not A's " representative," and was not estopped by any representation which A made from denying that A had any title at the date of the mortgage bond.

Under the Roman-Dutch Law a mortgage of immovable property by a person who at the date of the mortgage is not the owner does not become valid when he subsequently acquires ownership (as against a bona fide purchaser from the mortgagor after he had acquired title).

APPEAL from a judgment of the Acting District Judge, Colombo (Allan Drieberg, Esq.). The facts are set out in the judgment.

Vernon Grenier (w

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