Transfer of Property Act, 1882 — section 93

93. Prohibition of tacking..—No mortgagee paying off a prior mortgage, whether with or without notice of an intermediate mortgage, shall thereby acquire any priority in respect of his original security; and, except in the case provided for by section 79, no mortgagee making a subsequent advance to the mortgagor, whether with or without notice of an intermediate mortgage, shall thereby acquire any priority in respect of his security for such subsequent advance. 1 Ins. and subs. by Act No. XX of 1929, ss. 45-47. 2 For the repealed provisions, as re-enacted, see the Code of Civil Procedure, 1908 (Act No. V of 1908), Sch. I, Order XXXIV. 3 Rep. by the Code of Civil Procedure, 1908 (Act No. V of 1908), s. 156 and Sch. V.