https://www.taxtmi.com/caselaws?id=295360 A prior equitable mortgage by deposit of title deeds prevails over a later execution attachment, because rights existing before attachment are protected and the attachment cannot defeat the secured creditor's interest. The bank, as prior mortgagee, could proceed against the mortgaged property as a secured creditor, while the decree-holder's remedy was confined to any remaining assets or the balance sale proceeds after the bank's dues were satisfied. The attachment therefore remained subject to the bank's mortgage rights, and the decree-holder could not displace that prior security interest. en-us Mon, 24 Aug 2020 00:00:00 +0530 Mon, 31 May 2021 08:34:09 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=295360 A prior equitable mortgage by deposit of title deeds prevails over a later execution attachment, because rights existing before attachment are protected and the attachment cannot defeat the secured creditor's interest. The bank, as prior mortgagee, could proceed against the mortgaged property as a secured creditor, while the decree-holder's remedy was confined to any remaining assets or the balance sale proceeds after the bank's dues were satisfied. The attachment therefore remained subject to the bank's mortgage rights, and the decree-holder could not displace that prior security interest. Case-Laws Indian Laws Mon, 24 Aug 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=295360