Arnold White, C.J.

1. In this case the suit was dismissed by Mr. Justice Bakewell on the ground that the plaintiffs claim was barred as res judicata by reason, of the decision in a suit which was brought in 1902 in the City Civil Court. The plaintiff appeals. The question arises in this way. In 1902 a man who had obtained a decree against the present plaintiff and the present plaintiffs father in the Small Cause Court brought a suit in which the present plaintiffs father was the 1st defendant, and the present plaintiffs step-mother was the third defendant. In that suit he claimed two reliefs. The main relief claimed was a declaration that a certain deed of sale which had been executed by the present plaintiffs father and which purported to be in favour of the present plaintiff and the present defendant was in fraud of creditors. He claimed by way of alternative relief that, if the deed of sale was held to be good, it should be declared that a quarter share of a certain house that is to say a half of the half share which was in dispute in that case and with which only the present suit is concerned, was the property of the present plaintiff and was available for the satisfacti