After deliberation, all the Judges were of opinion that the question in regard to the admissibility of the d,eed in evidence was properly decided at the Circuit.

Jewett, Cit. J., and Gardiner, Wright, and Gray, Js., were for reversing the judgment on another ground.

Bronson, Ruggles, Jones, and Johnson, Js., were for affirmance.

Judgment affirmed.