The record of this cause was filed in this court on the 4th of August, 1865, and submitted by the appellants on the third day of the .present term, without *365having filed abstracts of the record as required by the 10th rule of this court. The errors assigned are therefore deemed to be waived.
J. L. Farrar and W. B. Loughridge, for appellant.The judgment is-afiirmed, with costs.