This case was tried on May 16, on which day a motion for a new trial was overruled, exception taken, and leave given to file a bill of exceptions in thirty days. The bill was not filed until July 6. That was too late. A legal public highway, in actual use, is not embraced in a general covenant against incumbrances. It would be unreasonable that it should be. See Rawle on Cov. 141, et seq.

The judgment is affirmed, with 5 per cent, damages and costs.