Opinion by
Me. Justice Williams,The fifth exception to the report of viewers heard in the court below should have been sustained and the report recommitted or set aside. The defect is apparent on the face of the report, and for reasons given in an opinion filed at the present term in Travers’s Appeal [the preceding case] the court below should not have confirmed the report.
The decree is now set aside at the costs of the appellee and a procedendo awarded.