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Judgment
5 paragraphs · 105 words
1.
Inasmuch as the plaint alleges that the original transaction was a mortgage and that was not denied by the defendant, we must treat it as such. It
is contended that, as the mortgagee purported to transfer a title acquired since the mortgage and independently of it, the case is not governed by
Article 134 of the schedule to the Limitation Act. In effect the defendant''s vendor purported to transfer the full ownership, when in point of law he
had only a mortgage right to transfer. This is exactly the case for which the Article is provided.
2.
We must dismiss the appeal with costs.