[444] Spankie, J.:— In my opinion the decree-holder was bound strictly by the terms of the decree (1). When the first default (2) occurred, under the wording of the decree, he was bound to execute it in one lump. The instalment arrangement then ceased. If the decree-holder chose to continue to receive instalments, he did so at his own risk. When the acknowledgment (3) of the balance due was made, it seems to me that the decree was already dead, and could no longer be executed. Though the cases cited (4) may not be strictly in point, the principle upon which they proceed applies to this case. I would decree the appeal and reverse the order of the Court below (5) with costs.
Straight, J.:— I entirely agree in the views of my colleague Mr. Justice Spankie.