This cause has been submitted since May 26,1855, and no brief furnished by the appellants. The error, if any, is waived (1).
The judgment is affirmed with 7 per cent, damages and costs.
The counsel for the appellee in this case enforced the application of the rule that points not insisted on in the appellant’s brief will be deemed to be waived; and cited Seno v. The State, 6 Ind. R. 308; Pate v. Hull, id. 285; and Burton v. Braden, 4 Ind. R. 539.