1922 Present: Schneider J.

FERNANDO v. PERIS et al.

 362-C. R. Colombo, 81,520.

Transfer of property subject to mortgage-Falure of mortgagee to register address or lis pendens-Competition between purchaser under mortgage decree and  transferree-Lis pendents-Service of summons.

Maria Nona in January, 1917, mortgaged the land in dispute to Fernando, He instituted an action on the bond on November 5, 1919, and obtained decree on December 5, 1919. At the sale under the decree, plaintiff purchased the land in February, 1920 (Fiscal's transfer, September, 1920; Registration, December, 1920).

Maria, Nona on October 28, 1919, transferred the land to defendant, subject to the mortgage in favour of Fernando. On November 7, 1919, Fernando's proctor gave notice of his mortgage action to defendants' proctor. Fernando did not register his address as required by chapter 46 of the Civil Procedure Code, and did not register his lis pendens.

Plaintiff sued defendant for declaration of title. Held, defendant had superior title.

" The transfer in favour of the first defendant is expressly dated to be subject to the mortgage, but this fact makes no diffe