Straight, O.C.J and Duthoit, J.:— This application must be granted. The lower Courts have overlooked the fact that after the property had been sold in execution of decree, decree-holder applied on the 14th December, 1880, for the sale-proceeds and they were subsequently handed over to him. The application for the sale-proceeds was a step in aid of execution of his decree, and his present application of the 8th May, 1883, was therefore in time. We concur in the ruling of this Court to be found on page 184 of the Weekly Notes for 1882. The orders of the lower Courts are reversed and the applicant's petition of the 8th May, 1883, will be “restored to the file of the Court executing the decree and disposed of according to law.
Application allowed.