Application to compel executor of deceased estate A to deliver flock of sheep to executor of deceased estate B, executor of deceased estate C having ceded right to delivery to executor of deceased estate B – application brought after executor of deceased estate A tendered ‘furnishing’ sheep – action pending in respect of delivery of sheep – lis alibi pendens – requirements met but justice and equity and balance of convenience favouring application being determined – validity of cession – held that executor of deceased estate may cede rights – application succeeded with costs.