
    SMITH HILLIARD v. PHILIP DEAN AND MERRITT DEAN.
    This was an action in trespass for the taking of a part of the same lumber involved in'the preceding case of Smith Billiard v. Philip Bean and, Lueia Deem, and the facts in the two cases are identical. Heard below upon a referee’s report at the June term, 1889, Bennington county, Tyler, J., presiding.
    Judgment for the plaintiff. Exceptions by the defendants.
    
      Batehelder dh Barber, for the defendants.
    
      Martin c& Archibald, for the plaintiff.
   The opinion of the court was delivered by

START, J.

This case was argued with that of Smith Hilliard v. Philip Dean and Lucia Dean, involving the same questions; and, for reasons given in the opinion in that case, the judgment of the County Court should be reversed.

Judgment reversed mxd judgment for the defendants.  