The court,

Were all clearly of opinion that the plaintiff was intitled to' a new trial. That the law is now settled that a 6are acknowledg. ment of an existing debt, without any evidence of a promise to pay,will lake it out of the statute of limitations. See 1 Esp. Rep. 435. See Wallace’s Rep. 66. Cowan v. Magauran. See the case of Aiken v. Benton, 3d vol. 289.

New trial granted.-