Succession of Penny

Vooroies, J.*

Solomon Bloom is appellant from- a judgment discharging a rule taken' by him on Ann L. Foster and her husband, James J. A. Foster, domiciled in the State ol Mississippi.

In a former suit between these parties, involving the right to the administration of the estate, there was a judgment rendered by this court in favor of the appellees. See 10 An.

The appellant, in his petition, alleges that the judgment thus rendered imposed on Ann L. FosterT the beneficiary heir, and her husband, the condition, that thejr should appear in person to take the necessary oath, give bond, and before…