• This case was consolidated for the purpose of trial with that of Dierkes v. Hauxhurst Land Company, decided at 'the present term. For the reasons stated in the per curiam opinion filed in that case, ante p. 624, the judgment now under review will be affinned.

For affirmance — The Chief Justice, Garrison, Swayze, Trenchakd, Parker, Bergen, Voortiees, Minturn, Kalisch, Bogbrt, Yredenburgi-i, Yroom, Congdon, White, Treacy, JJ. 15.

For reversal — Hone.