Present: Bertram C.J. and De Sampayo J.

ADICAPPA CHETTY v. NEGRIS.

77-D. C. Colombo, 48,520.

    Mortgage of movables-Subsequent acquisition of ownership-Second mortgage-Priority-Ordinance No. 8 of 1871.

A executed a mortgage of -a printing. press in favour of B before the property in the press had actually passed to him (A). After becoming owner, A again mortgaged the press to C. Both mortgages complied with the requirements of Ordinance No. 8 of 1871.

Held, that the mortgage in, favour of B was entitled to priority.

Where a person who is not the owner of a movable property 'mortgages it and subsequently acquires ownership the mortgage -becomes valid.

THE facts appear from the judgment.

A. St. V. Jayawardene, for the appellant.

Bawa, K. C., for the respondent.

October,22, 1918. BERTRAM C.J.-

The question to be determined in this case is a question of priority between two mortgagees of movable property. It relates to a printing press which was purchased by one Vince, and mortgaged by him successively, in the first place, to the claimant, and, in the second place, to the plaintiff. The first mortgage was dated September 9, 1