The Law of Mortgage in India

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App. , Ill), the Privy Council observed: "Their Lordships think that the title of a judgment-creditor, or a purchaser under a judgment decree, cannot be put on the same footing as the title of a mortgagor or of a person claiming under a voluntary alienation from the mort- gagor. The3 T are of opinion that the possession of a purchaser under such circumstances is really not the possession of a person holding in privity of the mort- gagor, or holding so as to be an acknowledgment of the continuan...ce of the title of the morts:ao:ee. O o The possession which the purchaser supposed he iKMjuired was a possession as owner. He thought he was acquiring the absolute title to the property, and that he was in possession as absolute owner. " I have not considered the case of a trespasser holding adversely both to mortgagor and mort- gagee. If the trespasser enter into possession after STATUTE OF LIMITATIONS. 179 default, there can be no difficulty whatever, as that LECTURE would be a much stronger case than that of a pur- chaser without notice of the mortgage.

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