1. The plaintiffs vendor purchased certain properties in execution of a money decree against the 1st defendant and obtained a certificate of sale, Exhibit A. At the time of the attachment, a partition suit between the 1st defendant and his coparceners was pending. The decree in the partition suit allotted certain properties to the 1st defendant. On comparing the sale certificate, Exhibit A, with the list of the properties which the 1st defendant obtained under the partition decree, it is found that the sale certificate included items which did not all of them correspond to the items in the partition decree. Plaintiff obtained 2.83 cents under the sale certificate. His suit was for the allotment of this extent from the items given under the partition decree. Some of the items being common to both there will be no difficulty in decreeing them to the plaintiff. As regards those which do not correspond to the partition decree, the question is whether the plaintiff is entitled to have their equivalent from out of the properties which fell to the 1st defendants share in the partition.

2. It was first argued that whatever may be the plaintiffs rights, he is not entitled to claim th