
    McFadden et al. vs. Jones et al.
    
    The case of Folsom v. Root, {ante, p. 374,) affirmed on the principle of stare decide.
    
   By the Court,

Bennett, J.

I have no doubt of the illegality and injustice of the judgment appealed from. But the case is not distinguishable from the case of Folsom v. Root, decided at the last term by a majority of the members of the court, myself dissenting. I suppose, therefore, that the judgment must be affirmed on the principle of stare decisis.

Ordered accordingly.  