JUDGMENT

Tudball, J. - This appeal arises out of the following circumstances. The defendant-respondent mortgaged certain property to the plaintiffs-appellants or their predecessors entitle. The mortgage was a simple one. Subsequently to the mortgage, the property was attached in execution of some body else's decree and was put up to sale on the 20th of July 1893. It was purchased by the mortgagees. They, however, though they obtained a certificate of sale, were kept out of possession. They, on the 12th of July 1905, i.e., within 12 years, brought a suit to obtain possession of the property. An examination of the plaint shows that they sought to obtain possession as full owners and, as the facts are stated before me, they "were" full owners and entitled to possession. The suit was, however, dismissed on the 5th of December 1905 by reason of the plaintiffs' default. They subsequently applied to the Court for re-hearing but that application was also disallowed. They have now brought on the 29th of July 1910 the suit, out of which this appeal has arisen, seeking to recover the mortgage-debt by sale of the mortgaged property. The first Court decreed the claim, but the lower Appellate Cou