Same property mortgaged and sold to different persons
![](https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjVBQPfkpbNk4UUpjxlptCh73HM1NmN05ICiSNvfrAM5-cc71lzAD3GDksZKduUVNHWB_rlqTYqVQtKXYJI6KT79_aKjza5pl3Gd4KZ-r8D6X4gcYdyrb0OO-k6t3CYctrGzaloqTMWtw/s1600/property.jpg)
FACTS: A mortgaged his land to B, but sold the land to C.
ISSUE: What is the effect of the transaction?
HELD: A, being the owner, could sell the property to C who after delivery became the owner, subject to B’s right to foreclose the mortgage upon non-payment of the mortgage credit. B does not have to give C anything, even if the mortgage is foreclosed, for the simple reason that B did not sell the property to him. Neither did B receive the purchase price.