Lushington V. Carolis Et Al.,

Present: Lascelles C.J.   Sept.7,1911

LUSHINGTON v. CAROLIS et al.

290-C. R. Matara, 6,240.

Security bond hypothecating land executed without notarial attestation- Obligor personally liable though hypothecation was invalid- Ordinance No. 7 of 1840, s. 2.

Where a promise is entire, and is partly within and partly not within section 2 of Ordinance No. 7 of 1840, the whole contract is unenforceable unless the requirements of the section are complied with; but if the promise is divisible, so that in effect there are two distinct agreements, one of which is, and the other is not, within the section, the portion of the promise which is not within the section may be enforced, though not notarially attested.

Where a security bond hypothecating immovable property was executed without notarial attestation,-

Held, the informality did not relieve the obligor of his personal obligation under the bond.

THE facts appear from the judgment.

Walter Pereira, K.C., S.-G., for the appellant.-The security bond is not absolutely void. The bond is good as a money bond, though the hypothecation is not valid. The contract is a severable one; it consists of

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