Page:Federal Reporter, 1st Series, Volume 2.djvu/284

 BUTHERLAND V. STRAW. 277 �My conclusion is that at the time of the settlement be- tween Kellogg aud Meredith the latter, as agent for the plaintiff in the judgment, intended to and did cancel and satisfy the judgment, and remove the lien from the land in question. The judgment being satisfied, the sale was void and no title passed. There are other and probably fatal objections to the defendants' title — as, for example, the want of an appraisement and of sufficient notice of the sherifiE's sale — but these need not be considered, as what I have said is decisive of the case. �Decree for plaintiff in accord auce with the prayer of the bill. ���BuTHEELAND V. Straw and another. (Circuit Ccmrt, D. Maine., 1 80.) �Compromise — AseeemeNt for JEnfobcement op.— It wonld seem that where an agreement is made for the compromise ot litigation, involving a great number of details, some not ■within the subject-matter of the 8uit, specifie performance thereof cannot be compelled upon an Inter-, locutory application. �Parties — Transpbr bt Complaïnabtt op hib liiGHT— Rights op As- signes — DiBMissAL. — Complainant in this action having, bef ure answer, transferred ail his rights and interest therein to defendant Straw, ftnd constituted him his attorney, irrevocable, to prosecute, compromise, etc.,. guch action, lield, that the defendant Straw is entitWd, if he so desirëd, to a decree dismisslng the bill, without costs. �Charles E. Clifford, for complainant. �Josiah H. Drummond, for respondents. �Fox, D. J. On the thirteenth day of September last thia bill was filed, in \rhich it was aîleged that on December 10, 1875, Chapin had sold the complete 10 acres of land in Mon- Bon, in this district, part of lot 15, for the sum of $50,000, a portion of this amount having been paid by complainant's note for $15,000, secured by a mortgage of these premises; that these premises, with other parcels of real estate, were then under mortgage to the Dexter Savings Bank from said ����