SADRIS APPU et al. v. CORNELIS APPU et al.

SADRIS APPU et al. v. CORNELIS APPU et al.

D. C. Galle, 7,096.

Estoppel-Judgment-creditor allowing his own property to be sold as . property of his judgment-debtor-English Law-" Intentionally " -Evidence Act, section 115.

Some of the plaintiffs in this case were the execution-creditors, and the first defendant was the execution-debtor in another case. On a writ issued against him by his execution-creditors in the other case the first defendant pointed out for seizure and sale by the Fiscal a land belonging to the execution-creditors themselves. The execution-creditors did not object to the sale, but allowed it to proceed, and the property was purchased by the second defendant at the Fiscal's sale, and he sold it to the first defendant. In an action by the plaintiffs against the defendants to vindicate the said land-

Held (affirming the judgment of the District Judge), that the plaintiffs who were execution-creditors in the previous action were estopped by their conduct from showing that the property, at the date of sale, was their property and not the property of their judgment-debtor, the first defendant.

LAYARD,

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