Lord Russell of Killowen.:-

This appeal is against a decree of the High Court of Judicature at Rangoon (dated 12th January 1938) which affirmed a decree of the District Court of Pyapon. It is necessary to state the relevant facts which led up to the litigation out of which this appeal arises. In the year 1926 a mortgage deed in favour of the present appellants, Dawson's Bank Ltd. (hereinafter referred to as the Bank) was executed and registered. The persons described in the deed as mortgagors were ten in number, viz. a mother, her daughter, and the eight children of the latter. Of these eight children, four (including the three present respondents), were minors. They did not execute the deed, but it is stated therein that they were represented by their guardian. He was their eldest brother and he executed the deed. He had no authority to bind the infants, and it is clear, and is admitted by the Bank that the mortgage deed in no way binds the respondents or affects their shares in the mortgaged properties, which consisted of nine items numbered one to nine and described in a list set out in the deed. The principal sum secured was a sum of Rupees 40,000, with interest at the rate of R