complainant would have proceeded to execute his judgment at
law, but was restrained by an injunction granted by this court,
upon a bill filed by Price, the defendant, which was not dis-
solved until the conclusion of the March term, 1846—that Price
having died, leaving a will sufficient to pass real estate, and
his personal estate in the hands of his executors being insuf-
ficient to pay his debts, a sale of the real, in the hands of his
devisees, is prayed for.

The answer of such of the defendants as are of age, to this
bill, insists, that the judgment of the condemnation against Hy-
land Price in 1822, was the result of an agreement between him
and the complainant, by which it was stipulated that payment
thereof would not be enforced unless such payment would ope-
rate as a discharge of a bond which Price, the defendant, had
given to one Philemon C. Blake, for his interest in certain real
estate, upon which the said Davidson alleged he had a mort-
gage—that Davidson had in fact no claim to the mortgage in
his individual capacity; the same, if in his possession at all,
being held by him as administrator of his father James David-
son, to whom it had been given by Blake—that the bond which
Hyland Price had given Blake, had passed into the hands of
other parties, by whom, under the circumstances stated in the
answer, a decree by the court was obtained for the payment
thereof; and the answer begs leave, at the trial of this case, to
refer to the proceedings in the' injunction cause, and also the
cause in which the said decree was passed.

The injunction bill by Hyland Price, was filed on the 14th
of January, 1830. He died in the year 1842, and his execu-
tors having become parties, the answer of Little was filed on
the 10th of December, 1845, and a motion then made by him
to dissolve the injunction, which was accordingly dissolved by
the Chancellor's order of the 27th of April, 1846; and on the.
5th of June following, the complainants in that cause prayed an
appeal to the Court of Appeals, where it is still depending.

The prayer of this bill thus filed by Price, is for an injunc-
tion to be directed to the said Little, commanding and enjoin-
ing him to cease from all proceedings on the judgment afore-