Present: Fisher C.J. and Drieberg J.

A  DE ZOYSA  v. BANDIYA et al.

102 -102A-D. C. Kurunegala, 11,673. _

    Mortgage-Sale of mortgaged property-Extinction of mortgager-Sale of mortgage bond in execution-Bight of purchaser in execution- scope of action under section 247 of the. Civil Procedure Code.

Where a person mortgaged a land to B and subsequently transferred the land to B's wife free from encumbrances and a part of the consideration for the transfer was the discharge of the mortgage debt by B

Held, that the mortgage bond was extinguished and that a purchaser in execution against B obtained no rights on the bond.

A purchaser in execution of the right, title, and interest of the mortgagee is on the same footing as the latter and takes the bond subject to all equities.

Per DRIEBERG J.-An action under section 247 of the Civil Procedure Code is a statutory one which cannot be extended beyond those limits.

Where the subject of execution is a mortgage bond, the only question for decision in such an action is whether the right of action on the bond is liable to be sold in execution of the decree. Whether the bond was satisfied b