
    DAVIS & ALLEN vs. FOSTER.
    See Davis & Alien va. Fester.
    APPEAL from Linn Circuit Court.
   Rvsasd, J-,

delivered the opinion of the court.

This case dependa upon the one between the same parties, for a partisan, which has just been decided by this court.

The decree, therefore, of the court below is affirmed,

the other judges concurring.  