The decision in Kelly vs. Brooks et al., 50 Georgia, 582, controls this case. The judgment which has been vacated by an order of the court on the ground that the consideration of *353the debt was a slave, was not dormant when this motion to rescind that order was made, and should have been granted: See Tyson vs. McAfee, 50 Georgia, 279, and Prescott vs. Bennett et al., Ibid., 266, and Mosely vs. Mitchell, decided at the present term.

Judgment reversed.