delivered the opinion of the court.

• This case falls within the principle maintained by this court in the case of Claflin et al. v. McDonough, decided at the present term.

We there held that a person who voluntarily pays money with a knowledge of all the facts in the case, and in the absence of fraud and duress, cannot recover it back, though the payment was without a sufficient consideration and under protest.

Let the judgment be affirmed;