
    David Halliday, appellant, and Peter A. Johnson, respondent.
    A decree in a mortgage case was appealed from; and pending the appeal and within a year from the date of the decree, an agreement, under seal, was made between the parties, that a certain portion of the amount due on the decree should be paid on the execution of the agreement; that the interest on the balance should be paid half yearly, and that instalments of principal should be paid yearly; and that on failure in paying any instalment, the complainant should be at liberty to issue execution on his decree.
    
      Held, that on failure of payment of an instalment, an execution might issue after a year without a scire facias.
    
    This case, and the decision of the Chancellor thereupon, is reported ante, page 22.
    
      Scofield and W. Pennington for the appellant.
    
      Little and A. Whitehead for the respondent.
   The decree of the Chancellor was affirmed, unanimously.  