
    Edward W. McGinnis et al., Appellants, v. Henry Smythe, Respondent.
    (Argued January 22, 1886;
    decided February 9, 1886.)
    Decided on the facts.
    
      Norman Melliss for appellants.
    
      E. More for respondent.
   Earl, J.,

reads for affirmance.

All concur, except Ruder, Ch. J., dissenting, and Rapallo, J., not voting.

Judgment affirmed.  