
    Leander W. Kaufman, as Executor, etc., Appellant, v. Francis A. Schoefel, as Sheriff, etc., Respondent.
    (Submitted March 15, 1889;
    decided March 29, 1889.)
    Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made December 30, 1887, which affirmed a judgment in favor of defendant, entered upon a verdict and an order denying a motion for a new trial.
    
      
      George D. Forsyth for appellant.
    
      Henry G. Danforth for respondent.
   Agree to affirm; no opinion.

All concur, except Danforth, J., taking no part. Judgment affirmed.  