https://www.taxtmi.com/caselaws?id=289262 An assignment by way of mortgage executed before a decree was passed was held to attach to the decree when it later came into existence, because the underlying claim was a debt and an actionable claim capable of assignment. The assignee was entitled to execute the decree only to the extent of the secured amount under the terms of the mortgage, with any balance remaining payable to the assignor. A declaratory suit seeking recognition as decree-assignee was maintainable without further consequential relief, and the concurrent factual finding that the mortgage bond was supported by consideration and not benami could not be disturbed in second appeal. The appeal therefore failed. en-us Fri, 19 May 1939 00:00:00 +0530 Thu, 23 Jul 2020 12:02:06 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=289262 An assignment by way of mortgage executed before a decree was passed was held to attach to the decree when it later came into existence, because the underlying claim was a debt and an actionable claim capable of assignment. The assignee was entitled to execute the decree only to the extent of the secured amount under the terms of the mortgage, with any balance remaining payable to the assignor. A declaratory suit seeking recognition as decree-assignee was maintainable without further consequential relief, and the concurrent factual finding that the mortgage bond was supported by consideration and not benami could not be disturbed in second appeal. The appeal therefore failed. Case-Laws Indian Laws Fri, 19 May 1939 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=289262