This court concurs in the point of law ruled by the judge below. His judgment has the sanction of the case of Woodward v. Hill, 3 M'Cord. Rep. 241.
The motion is dismissed.
E. & A, Rhett, for the motion. Solicitor Edwards, contra. Evans and Butler, Justices, concurred. Richardson, J. absent from indisposition. Earle, J. absent at the hearing, but concurred in the judgment.