1922 Present : Ennis and Porter JJ.

DON DAVITH v. DON DAVITH.

317-D. C. Matara, 9,524-R. F.

Mortgage by widow and son for paying of husband's debts-Action by mortgagee-No registration of He pendens-Purchase under mortgage decree by defendant-Half land sold on a writ against widow and purchased by plaintiff.

L, the widow (administratrix) of W, and her son mortgaged in August, 1916, the whole of the land in question to P, for. the purpose of paying the debts of W (husband). P put the bond in suit in. October, 1919, and without registering the lis pendent obtained judgment, and under the sale under the mortgage decree defendant purchased the land and obtained a Fiscal's transfer in September, 1920. Under writ issued against L in C. R. Tangalla, 9,187, half of the land was seized, and plaintiff purchased at Fiscal's sale in March, 1920, and obtained Fiscal's transfer in July, 1920.

Held, that plaintiff purchased the land subject to the mortgage.

" At the time of the institution of the mortgage action, the plaintiff had no title and could not be made a party; but the mortgagee failed to register the (is pendens, and by section 27 (a)