The judgment in this case must be reversed, on the authority of Chandler et al. v. Caldwell, ante, p. 256; and Brisco v. Askey, 12 Ind. 666. See Fillson v. Scott, 15 Ind. 187; Graydon v. Barlow, id. 197; Witherow v. Higgins, 13 Ind. 440.

The judgment is reversed, with costs. Cause remanded, &c