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Judgment
5 paragraphs · 98 words
1.
The only contention before us is that th suit will not lie as plaintiffs'' remedy is by execution of the raz decree. When plaintiffs sought to execute
the decree, they wer met with the objection that the proper remedy was by suit an this objection was held to be valid. Now when a suit is brough
defendants turn round and plead that the proper remedy is b execution.
2.
We are of opinion that he is estopped by the former orde and cannot be allowed to blow hot and cold.
3.
We dismiss this appeal with costs.