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326
XI, 34.
parties are at liberty to do so. But, even before (the stipulated period) has elapsed, they may make an arrangement by mutual consent.
34. Where one field has been mortgaged to two creditors at the same time, it shall belong to that mortgagee who was the first to obtain possession of it.
BRIHASPATI.
35. If both have possessed it for an equal time, it shall be held in common (or shared equally) by them. The same rule is ordained in the case of a gift or a sale.
36. Which course should be adopted in cases of a competition between three different acts, the identical property having been sold, mortgaged, and given away on one and the same day?
37. The three parties should divide that lawful property of theirs among themselves in proportionate shares, the two first in the ratio of their respective claims, whereas the donee ought to obtain a full third.
38. The pledgee can never be compelled to restore the pledge against his will, before the whole amount due to him has been paid, nor must (the pledge be obtained from him) by deceit or by (the mode called) Karita.
the recovery of the loan, attended by the restoration of the pledge to the pledger, takes place after the lapse of the stipulated period. By mutual consent, however, it may take place before that time.
34. The term 'a field' includes by implication any pledge for use. Vîram. p. 312. Other commentators add that possession must have been obtained without forcible means. Col. Dig. I, 3, 132.
35. Smritik.; Col. Dig. I, 3, 133; Ratn. p. 37.
36, 37. Vîram. p. 314 ( Vasishtha '); V. T.
38. Ratn. p. 27; Col. Dig. I, 3, 102. Regarding the mode called Karita or Akarita, see below, XI, 58.
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