Franklin, C.
—The questions presented in this ease grow out of the same transaction, and are substantially the same as those discussed and decided in the case of Hill v. Hazen, 9°> Ind. 109.
Upon the authority of that case the judgment in this case must he affirmed.
Per Curiam. — It is therefore ordered that the judgment of the court below be and it is in all things affirmed with costs.

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