delivered the opinion of the court.
This is an appeal from a decree of the Supreme Court of the District of Columbia entered аt general term upon a mandate from this court. In
Stewart
v.
Salamon,
This suit was begun in the Supreme Court of the District of Columbia, May. 2, 1871, to subject to the payment of certain judgments so much of lot 7, in square 223 of the city of Washington, as had not beеn conveyed .by the marshal of the District of Columbia to Alfred Richards by deed bearing date October 7, 1870. A decree was entered in favor of the com-' plainants, at special term, on the 23d of May, 1873. This dеcree was affirmed at general term, October 16, 1873, and by this court, March 19, 1877. Under the decree, a sale was made and reported to the court below, but upon the return Mackall filed exceptions because the property sold had not been-sufficiently described. Upon hearing, these exceptions were sustained, and the sale set aside. The court then took steps to fix the boundаries of the property, and on the 11th of December, 1879, a decree was entered at spеcial term directing that the sale, be made according to a certain description. From this an appeal was taken to the general term, where the decree was affirmed, April 5, 1881, in all respects, except that one of the two trustees who had been appointed to makе the sale was removed at his oivn request, and the other directed to proceed alonе. An appeal was thereupon taken to this court, where the only error assigned was that the bоundaries of the property had been erroneously fixed. At the last term this appeal was
*47
heard and the cause remanded, with directions “to set aside the decree from which this appeаl is prosecuted, and to order the sale in satisfaction of complainant’s demands, and in such mоde- as may be consistent with the practice of the court and with law, of all of lot seven (7) outsidе of that on which the building known as Palace Market stands.”
Mackall
v.
Richards,
Upon examination, therefore, we are satisfied that the decree as entered is in accordance with the mandate. As no complaints were made on the second appeal about the terms of . sale or the manner in which the sale was to be made, it was quite right in the court.to follow the old decree in those particulars, which has been substantially done. As the appeal was taken for the sole purpose of correcting the description, it was proper to construe the mandate as in effect nothing more than an order for such a correction, leaving the remainder of the decree to stand.
The deсree upon the mandate, although rendered at general term, was still the decree of the Supreme Court of the District,
(Richards
v. Mackall,
A motion was madе by Mackall in the court below after the mandate was received for leave to file what wаs called a “ supplemental bill,” but which was in reality a supplemental answer to the original bill, setting uр new defences growing out of matters occurring since the original decrees. This was properly denied. No discretion was left in that court to grant such a motion. The order of this cofn’t was in effect to enter the precise decree which has been made. If, since the original decreе, the debts have been paid, or anything else has happened which makes it improper to carry the decree into execution, *48 resort must be had to some form of original proceеding appropriate to relief on that account. It cannot be done by way of defence before decree upon our mandate. The order of this court places the case where it would be if the original decree had been what it is now.
It follows that
The appeal must be dismissed under the rule, with costs ¡ a/nd it is so ordered.