In this case both the plaintiff and defendants appealed. Mr. Justice Burwell did not sit, and the Court is evenly divided. The appeals have now been standing on *241 this docket four terras. Under these circumstances, following the uniform practice of appellate Courts in such cases, the judgment below stands, not os a precedent, but as the decision in this case. Marshall, C. J., in Etting v. Bank, 11 Wheat., 59; TaNEY, C. J., in Benton v. Woolsey, 12 Pet., 27, and in Holmes v. Jenison, 14 Peters, 540; Washington v. Stewart, 3 Howard, 413, 424; Chase, C. J., in Reeside v. Reeside, 8 Wall., 302; Durant v. Essex Co., 8 Allen (Mass.), 103; 85 American Dec., 685. The appellauts will respectively pay the costs, each in their own appeal.

Plaintiff’s appeal affirmed.

Defendants’ appeal affirmed.