Morrison Waite

“ If it does not, the case will be remanded, with appropriate directions for the correction of the error.' This suit was begun in the supreme court of the District of Columbia, May 2, 1871, to subject to the payment of certain judgments so much of lot 7 in square 223 of the city of Washington as had not been conveyed by the marshal of the District of Columbia to Alfred Richards by deed bearing date October 7, 1870. ”

“ The order of this court was in effect to enter the precise decree which has been made. If, since the original decree, the debts have been paid, or anything else has happened which makes it improper to carry the decree into execution, resort must be had to some form of original proceeding appropriate to relief on that account. It cannot be done by way of defense before decree upon our mandate. The order of this court places the case where it would be if the original decree had been what it is now. It follows that the appeal must be dismissed under the rule, with costs ”