Meurling V. Gimarahamy Et Al.,

1922  . Present: De Sampayo and Schneider JJ.

MEURLING v. GIMARAHAMY et al.

133-D.C. Matard, 9,845.

Sale under the Partition Ordinance-Mortgage of share, by purchaser-o Sale of entirety-Registration-Undivided shares registered in different folios before partition action--Subsequent mortgage and sale also registered in different folios-Bight folio-Action on mortgage bond against administrator before letters of administration were taken out.

The land in question was sold under the Partition Ordinance and bought by B, who thereafter mortgaged a share to M. At the wale under the mortgage decree, plaintiff purchased the share. B sold the entirety of the land to defendants, who registered the deed in A 35/120. The mortgage bond and Fiscals' transfer were registered in A 80/394. Prior to the partition decree, the undivided shares were registered in the two folios without cross reference. A 80/394 was the folio in which any deed relating to the land was first registered.

Held, that the transfer in favour of the defendants was not registered in the right folio.

" No doubt the title created by the certificate of sale cannot be defeated

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