The ruling of the learned judge of the court below was in accord with the decisions in Hunter v. Albright, 5 W. & S. 423, Diamond Coal Co. v. Fisher, 19 Pa. 267, Schreiber v. Moynihan, 197 Pa. 578, Cobb v. Barclay, 9 Pa. Superior Ct. 573, and Murphy v. Packer, 152 U. S. 398 (14 Sup. Ct. Repr. 636).

Judgment affirmed.