
    Martin Timan, Administrator, etc., Respondent, v. Thomas E. Kinney, Appellant.
    (Argued February 10, 1882;
    decided February 28, 1882.)
    Decided upon the facts.
    
      William Kernam, for appellant.
    
      D. O. Stoddard for respondent.
   Andrews, Oh. J., reads for affirmance.

All concur, except Tracy, J., who does not vote.

Judgment affirmed.  