Sager

Plaintiffs appeal from (1) an order denying their motion to compel the execution and entry of a satisfaction of judgment, and (2) an order denying their motion to strike from the files a certain judgment.

Questions Presented

1. What is the effect of the second judgment? 2. Should the judgment be satisfied?

Record

November 12, 1948, judgment was rendered in favor of defendant and against plaintiffs providing that the land of defendant is entitled to receive lateral support from plaintiffs’ land, requiring plaintiffs to restore such support within 90 days, and in the event of their failure to do so within that time defendant shall have and recover from plaintiffs the sum of $3,000. More than 90 days later, on June 16, 1949, the parties entered into an agreement providing the type of support to be erected including a fence on top of it, said support to be a specified type of concrete bulkhead to be erected on a 2-foot strip of land which defendant was to sell to plaintiffs for $300, and containing other provisions including one to the effect that defendant “agrees to suspend the enforcement of the judgment during the time that said bulkhead is being built, provided said period of…