delivered the opinion of the court. This case differs from that of Phillips vs. Johnson & al. determined in August term, ante, 226, 5 _ in 110 material circumstance.

The payment to James Rogers having been .made tin the 23d of July, 1816 (twenty atter the time was elapsed, during which, an appeal might have suspended the execution the judgment of the district court) discharged the debt.

It is, therefore, ordered, adjudged and decreed, that the judgment be affirmed with costs.