This case presents the same question which was decided in the cases of F. H. Fink et al. v. Executor of J. D. Fink, 12 An. 301, and Pfaeflin v. Bullerdieck, decided in January, 1860, not reported.

We see no reason to depart from those decisions.

It is, therefore, ordered, adjudged and decreed, that the judgment appealed from be affirmed, with costs.