1916 Present : De Sampayo J.

APPUHAMY v. GUNASEKERA.

165-C. R. Negombo, 23,452.

Mortgage-Transfer of mortgaged property to several persons-Division of mortgaged property by transferees-Sale in execution of one transferee's portion.

A mortgage is indivisible, and a mortgagee has a right to realize the debt out of the whole or any part of the security without reference to the fact that the property has since been divided and passed into several hands-. The result is the same if several things are mortgaged for the same debt and they subsequently come into the possession of several persons, such as heirs or alienees of the mortgagor. In all such cases the person who pays the debt when the creditor has brought the hypothecary action may have recourse against the others for contribution. The mortgage being indivisible, all those to whom the mortgaged property come are in the position of co-obligors.

THE facts are set out in the judgment.

Aserappa, for defendant, appellant.

J. S. Jayewardene, for plaintiff, respondent.

Cur. adv. vult.

June, 27, 1916. DE SAMPAYO J.-

This action for contribution has been brought under the following circu