#### Nathaniel R. Harback, impleaded with David R. Griggs and Aaron D. Weld, plaintiff in error, v Hezekiah H. Gear, defendant in error.

Error to Jo Daviess.

Per Curiam.

This is the same case as the one just decided, of Griggs, Weld and Harback v. Gear, and the same judgment will be entered as in that. That case was brought up by appeal, and this is a similar case brought up by Harback on writ of error, he not having been a party to the appeal.

Decree reversed.