JUDGMENT

Holmwood, J. - These second appeals arise out of suits brought by the plaintiffs to set aside certain mortgage-decrees and sales held in accordance therewith, on the ground that they were tainted with fraud and that they were illegal and the sales were equally so, and that decrees which purported to be against their father did not bind the plaintiffs.

2. It is conceded that at the time the decrees were passed the plaintiffs were not in existence and, therefore, had no cause of action as regards setting aside the decrees. But the prayers of their plaint show that this is the main ground of their case, the sales being merely subsidiary. The first prayer clumps the decrees and sales together. The second is clearly based on the contention that the decrees being illegal, the sales held under them must also be illegal. On the plaint itself there seem to be many grounds on which the suit is not maintainable. The first we have already stated, thai the plaintiffs were not alive at the time the decrees were passed. The second has been stated by the learned Subordinate Judge and not noticed by the Judge in appeal except in general agreement, namely, that on paragraphs 4, 5, 6 and 7 of