The facts of this case, and the questions of law arising in the record before us, are precisely similar to those in a case between the same parties, decided at the November term of this Court, 1853. See Verden v. Coleman, 4 Ind. R. 457. Upon the authority of the case cited, the judgment in the present case must be affirmed.

The judgment is affirmed, with 1 per cent, damages and costs.