delivered the opinion of the court.

The judgment in this ease must be reversed, because the court gave the same instruction that was given in the case of Ann. E. Miller et al. vs. Bledsoe, ante p. 96, and of same plaintiffs vs. English. In regard to the other points in the case, we need only refer to our opinion in thec&se against Bledsoe.

The judgment is reversed and the cause remanded.