Venkatasubba Rao, J.

1. These appeals relate to the ownership of a certain sum of money. To dispose of them, it is unnecessary to refer to more than a few facts. There were five brothers: (1) Adaikkalam Chetty, (2) Veerappa Chetty, (3) Subban Chetty, (4) Rengaii Chetty, and (5) Vaidyalinga Chetty. In 1885, Adaikkalam lent on the mortgage of certain properties a sum of Rs. 13,000 to a person whom we shall call the Zemindar. The deed of mortgage was taken in the name of Adaikkalam. In 1888, the last three brothers (Subban, Rengan and Vaidyalinga) lent to the same person Rs. 4,000 on a second mortgage of those properties. The deed was taken jointly in the names of the three brothers mentiened above. That deed provides for the payment by them of Rs. 13,000 due to the first mortgagee Adaikkalam. He, however, was not paid and the mortgage in his favour remained in force. On the 28th of December, 1905, Vaidyalinga assigned by Ex. II his one-third share in Rs. 4,000 in favour of Adaikkalam. On the 6th of January, 1906, Rengan similarly assigned his share in favour of the same person. (Ex. III.) On the 10th of October, 1906, Adaikkalam filed O.S. No. 49 of 1906 to enforce his rights