It is further provided in Ontario by the Execution Act, R.S.O. 1914, c. 80, s. 32, as follows:

32. The effect of the seizure or taking in execution, sale and conveyance of mortgaged lands and tenements shall be to vest in the purchaser, his heirs and assigns, all the interest of the mortgagor therein at the time the execution was placed in the hands of the sheriff, as well as at the time of the sale, and to vest in the purchaser, his heirs and assigns, the same rights as the mortgagor would have had if the sale had not taken place; and the purchaser, his heirs or assigns, may pay, remove or satisfy any mortgage, charge or lien which at the time of the sale existed upon the lands or tenements so sold in like manner as the mortgagor might have done: and thereupon the purchaser, his heirs and assigns, shall acquire the same estate, right and title as the mortgagor would have acquired in case the payment, removal or satisfaction had been effected by the mortgagor.

(w) Canadian Bank of Commerce v. Rolston, 1902, 4 O.L.R. 106.

(x) Canadian Bank of Commerce v. Rolston, supra; citing Hew-ard v. Wolfenden, supra; Cronn v. Chamberlin, supra; Samis v. Ireland, supra.

(y) McCabe v. Thompson, 1857, 6 Gr. 175; McDonald v. McDon-ell, 1864, 2 U.C.E. & A. 393; Fitzgibbon v. Duggan, 1865, 11 Gr. 188.

(z) Doe d. Webster v. Fitzgerald, 1839, E.T. 2 Vict, 4 Ont. Dig. 2647.

Where mortgaged lands are sold by the sheriff the purchaser acquires only the title that the mortgagor had at the time the writ was delivered to the sheriff, not the title that the mortgagor had at the time of entering judgment (a). The purchaser of an equity of redemption under a writ of execution is entitled to possession as against the mortgagor in possession (b), but not as against a prior mortgagee in possession (c).

A sale of the equity of redemption under an execution against the mortgagor will not be set aside, in the absence of fraud or irregularity, merely on the ground of the inadequacy of the price obtained (d).