
    C. Dudley Allen, Respondent, v. Abiel L. Smith, Appellant.
   Judgment reversed and new trial granted, costs to abide the final award of costs, upon questions of fact as well as of law; and the following findings of fact are reversed as either being contrary to the weight of the evidence in the case, or without any evidence to support them: Hos. 4,13, 13, 14,15, 16, so much of 17 as follows the words Dean Pond, 31, 33, 34, 35, 36, 37, 38, 39, 81, 33 and 35 respectively. Jenks, P. J., Burr, Carr, Stapleton and Putnam, JJ., concurred.  