Equity will restrain an action at Law which is inconsistent with a prior decree between the parties in a suit for specific performance (t); or an action by a vendor whose bill for specific performance has been dismissed for want of title (u); but, in general, the dismissal of the vendor's bill does not interfere with his right to bring an action (w); nor is it necessary, although it is usual, to state in the decree that the dismissal is without prejudice to the legal right (x). So, if a plaintiff is proceeding at Law and in Equity for the same subject-matter, Equity will require him to elect between his remedies (y): but, as we have seen, a Court of Equity will not, pending a suit by the vendor for specific performance, restrain a purchaser from bringing an action for the deposit (z); except, perhaps, on the terms of the money being paid into Court (a). or release; or satisfaction.

Action, when restrained in Equity.

(m) Supra, p. 118.

(n) See Goss v. Lord Nugent, 2 Nev. & M. 28; Harvey v. Grabham, 6 Nev. & M. 754, 762.

(o) Where a right of action has actually arisen, this can be discharged only by a release under seal or by the acceptance of something by way of satisfaction; Willoughiy v. Backhouse, 2 B. & Cr. 821, 824; see Baylis v. Usher, 4 Moo. & P. 791.

(p) Sug. 174.

(q) See Goss v. Lord Nugent, 5 B. & Ad. 58, 66; Harvey v. Grabham, 6 Nev. & M. 754, 762; and Stead v. Dawber, 10 Ad. & El. 57, 65.

(r) Willouyhby v. Backhouse, 2 B. & C. 821, 824; Baylis v. Usher, 4 Moo. & P. 791.

(s) See 10 Bing. 538.

(t) Reynolds v. Nelson, 6 Madd. 290.

(u) M'Namara v. Arthur, 2 Ball & B.353.