Wickremesinghe Et Al., V. Ensohamy Et Al.,

Present; De Sampayo and Porter JJ. - 1922.

WICKREMESINGHE et al. v. ENSOHAMY et al.

 184-D. C. Matara, 9,018.

Gift of share derived by purchase-Mortgage of share described as derived by inheritance-Smaller share derived by inheritance-Prior registration of mortgage-Is mortgage good for the entire share mortgaged ? - Recitals - Conveyancing - Estoppel - Vendor and Purchaser-Misdescription in Fiscal's conveyance of area of property sold under mortgage decree-Seizure.

A, who was entitled to a 1/18 of a land by inheritance and another share by purchase, donated a share to his children (the plaintiffs), describing it as property belonging to him by right of purchase. Subsequently, he mortgaged to S 1/3 share which he stated he was entitled to by inheritance. The mortgaged bond was registered first.

The plaintiffs contended that as the share mortgaged was described as the share acquired by right of inheritance, the mortgage did not come into conflict with the deed of gift which dealt with a share described as acquired by purchase.

Held, that the mortgage, in spite of the recital, was good for 1/3 share ; moreover, A was

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