We believe that the opening paragraph of the decision in Malagamba, v. McLean, 89 Or. 807 (173 P. 1175), is sufficient to determine this suit adversely to the plaintiff; we quote:

“This suit is based upon the theory that the real property of an estate is not subject to execution upon a judgment against the heir, until after final distribution of the estate; but such a conclusion is clearly erroneous.”

If any further authorities are required to warrant an affirmance of the result below the following ought to suffice: Freeman on Executions (3ded.), §183; 17 R. C. L., Levy and Seizure, § 64, p. 164; 18 C. J., Descent and Distribution, § 333; 23 C. J., Executions, § 66. The decree of the lower court is affirmed.

Affirmed. Rehearing Denied.