
    MAY & al. vs. FOUSHEE.
    8 Dec. 1818.
    Vide ante, p. 214, Baird vs Powan ⅝ al, affirmed.
   Judge Owsley

delivered the opinion of the court.

According to the case of Baird, &c. against Rowan, &c, decided spring term, 1818, the instructions given by the court in this case cannot be sustained, and, consequently, the judgment must be reversed with cost, the cause remanded, and further proceedings had not inconsistent with the principles decided in that case. 
      
       Absent, Chief Justice Boils.
     