Tbe court below allowed tbe motion of tbe defendant to nonsuit plaintiff upon tbe ground tbat under tbe form of tbe pleadings, taken in connection with tbe evidence, a direct action to charge the land with tbe indebtedness should have been brought, to which all necessary parties should be made. '

As no motion to amend tbe pleadings was made, bis Honor properly sustained tbe motion. Plaintiff may bring .another action within one year. Tussey v. Owen, ante, 335.

Affirmed.