
    Reese vs. J. T. & T. Kirby.
    
    Oounsel ior both parties consenting in open court to a settlement of this case on certain terms, the same is approved, and a judgment enterca in accordance with such consent.
    November 6, 1883.
    Practice in Supreme Court. At September Term, 1883
    Certain land was levied on under a mortgage fi. fa., in favor of J. T. & T. Kirby, against William Lovett, and was claimed by J. T. Reese. It appeared, that the land had been sold under a common law .judgment, in favor of the People’s Bank of Newnan, bought in by it, and conveyed to Reese; that the fund arising therefrom had been claimed by the holders of the mortgage y?, fa.; that a rule had been brought against the sheriff to enforce this claim and it was insisted that the purchaser took the land, free from the lien of the mortgage.
    In the Supreme Court counsel agreed upon a settlement and a judgment was entered accordingly.
    A. D. Freeman, for plaintiff in error.
    R. S. Burch ; W. A. Turner, for defendants.
    
      
      
         See Kirby et al. vs. Reese, 69 Ga., 4 2.
    
   Jackson, Chief Justice.

Both parties, in open court, assenting thereto, it is ordered and adjudged, that the rule pending below against the sheriff be made absolute in favor of the plaintiffs in the mortgage executions, and upon payment of the same, principal and interest, that the title to the land, which brought the money, now in the hands of the sheriff, into court, be, and the same is hereby, thereupon, vested in the claimant.

Anri it is further ordered and adjudged, that each party pay one-half the costs from the beginning to the end ’ of this litigation in the superior and Supreme Court.

And that á remitter containing the above order be transmitted to the superior court, that the same may be there entered on the minutes and enforc  