ANOHAMY et al. v. HANIFFA
[FULL BENCH.]
1923 Present: Bertram C.J., Ennis, Porter, and Schneider JJ.,
and
Garvin A.J.
ANOHAMY et al. v. HANIFFA.
57-D. C. (Inty.) Matara, 199 H.
Lis pendens-Gift by husband to
wife-Liability for debts of husband-Mortgage action not registered-Relation back
of decree to mortgage
On August 31, 1918, Senaratne transferred four lands to his wife. Both husband
and wife mortgaged the lands to Bastian on October 7, 1918. The deed was
registered on October 16, 1918. Seyanis instituted an ordinary money action
against Senaratne on October 10, 1918, and obtained judgment on February 3,
1919. Bastian put his bond in suit and obtained decree on December 1,1920. . The
sale under the mortgage decree was held on February 6, 1921, and the lands were
purchased by defendant, 'who obtained a Fiscal's . transfer on April 7,1921
(registered on the same day). Bastian did not register the lis pendens.
Meanwhile Seyanis seized the lands in execution of his decree. Bastian caused
notice to be given of his mortgage and that the bond had been put in suit. The
lands were purchased by the plaintiffs, who obtained Fiscal's transfer on
February 4, 192
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