Adaicappa Chetty V. Perera Et Al.,

Present : Schneider and Garvin J J.

ADAICAPPA CHETTY v. PERERA et al.

6-D. C. (Inty.) Colombo, 20,443.

    Mortgage of movables-Sale under two hypothecary decrees-Right of preference of prior hypothecary creditor-Judicial hypothec.

Where movable property was sold in execution of hypothecary decrees entered in pursuance of two mortgages effected under
duly registered instruments in writing,-

Held, that the prior mortgage creditor had a preferent right to the proceeds of the sale.

APPEAL from an order of the District Judge of Colombo.

H. V. Perera, for appellant.

H. H. Bartholomeusz, for respondent.

July 26, 1928. GARVIN J.-

The appellant and the respondent to this appeal were both holders of duly registered mortgages created over his stock in trade by one M. A. Perera who was doing business in the Pettah. The appellant sued on his mortgage in case No. 20,443 which was dated May 26, 1926, and obtained a hypothecary decree on July 9, 1926. The respondent, whose mortgage was created by a bond dated May 24, 1925, put his bond in suit in case No. 20,451 and obtained decree on July 10, 1926. In each instance an order to s

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