Cottrell Et Ux. v. Prier Et Ux.

This is a motion to dismiss an appeal. One ground of the motion, and the only one that needs to be considered, is that appellants have waived their right of appeal by accepting the benefits of the decree.

The suit is one in which the respondents, as vendees under a contract for the sale of realty, together with some personal property, obtained a decree of specific performance against the appellants. The decree, which was entered December 8, 1950, ordered the appellants to execute and deliver to the respondents their warranty deed conveying title to the real property in question and also to…