JUDGMENT

Ashworth, J. - This second appeal arises out of a suit, brought by the plaintiff appellant as puisne mortgagee for redemption of a prior mortgage. The only question for decision in this appeal is whether the lower Courts were right in holding that the suit must fail by reason of the plaintiff not having proved the due execution of his own puisne mortgage deed.

2. The plaintiff alleged due execution of this deed on the 31st of May 1920. The defendant prior mortgagee, in his written statement denied that a mortgage deed executed by all the persons stated by the plaintiff had been validly executed. The mortgagors-defendants, admitted due execution. The first question to decide is whether it was necessary for the plaintiff to prove due execution of this deed of the 31st of May 1920 in view of the fact that the defendant mortgagors admitted due execution. It is argued by the appellant that the plaintiff was only concerned with getting his money, and that no issue arose when once the due execution of the deed was admitted by the mortgagors. But this was a suit not only against the mortgagors but primarily against the prior mortgagee. Before the suit could be successful the plainti