delivered the opinion of the court.

The cases of Bullard v. Dorsey, 7 S. & M. 9; Moody v. Willis, 41 Miss. 347, and Chambliss v. Matthews, 57 Miss. 306, are entirely harmonious, and are all approved, but-each presents a different case from the other. The case now before us falls precisely within the rule announced in Moody v. Willis, wherefore the judgment is

Affirmed.