An execution against J. W. Bozeman was levied on land which was claimed by his daughter to whom he *460fa ad made a deed. The case turned upon the construction of the conveyance, quoted from in the head-note, dated September 16, 1859, to J. W. Bozeman and his children. Under the charge of the court, the jury found subject an undivided third-interest in the land, and claimant’s motion for a new trial was overruled.