King, J.

1. The appellant in this appeal obtained a decree in 1921 and in execution of the decree brought certain property to sale. The property was purchased by the predecessor-in-title of the present plaintiffs and the purchase money was duly paid over to the decree-holder on 12th March 1925. Before the sale of the property had taken place, there had been a claim petition put in by a mortgagee and that petition had been dismissed. The mortgagee subsequently filed a suit to set aside the order on the claim petition and to that suit the auction purchaser was made a party. The suit was decreed on 4th December 1926 on the ground that the judgment-debtor had no interest in the property and this finding is of course res judicata as against the auction purchaser and his representatives. On 12th June 1928 the legal representatives of the auction purchaser filed the suit from which the present appeal arises to recover from the decree-holder the money which they had paid for the property purchased. It was contended on behalf of the decree-holder that this suit was barred by limitation but both the Courts below have held that the suit was within time and they decreed the plaintiffs c