Present: Dalton J. and Jayewardene A.J.

GODAGE v. DIAS.

81-D. C. Galle, 23,507.

    Partition-Mortgage of undivided share-Sale of property-Proceeds- Liability of share-Ordinance No. 10 of 1863, s. 12.

Whore land, sold in partition proceedings, was subject to a mortgage in respect of an undivided share,-

Held, that the property sold was liable in the hands of the purchaser to the extent of the undivided share mortgaged.

Fernando v. Silva 2[ 2(1898) 2 Tambyah 111.] followed.

THIS was an action brought by the plaintiff to recover a sum of Rs. 700 from the first and second defendants, husband and wife, on a mortgage bond No. 4,112 and to have a hypothecary decree over lots A, B, G, D, E, and F of a land called Wellbroongewatta. The land mortgaged was the undivided half share of lots 2 and 3 of Wellbroongewatta and Watteadderaowita. Subsequent to the mortgage a partition action was instituted in respect of the land and a certificate of sale issued. The preliminary decree declared the
second defendant entitled to one-half plus one-eightieth of the land. The land was sold in lots, and lots A, B, and G were purchased
by the third defendant, the f