1. After, the decree for partition was passed on the 15th September, the property of the plaintiff was sold in execution of a decree for a debt binding on the plaintiff and the defendant. The decree debt was paid by the plaintiff on the 11th November 1903 and the sale was set aside. The right to contribution arose on that date. There is, therefore, no bar by the proceedings in the partition suit. We dismiss the appeal with costs.
2. As to the memorandum of objections we hold that the binding nature of the debt is not res judicata. We, therefore, dismiss that also with costs.