#### Jacob White’s administrator v. David White. Jacob White’s administrator v. Josiah Nicholson.

Iredell for the plaintiff.

Badger, for tiie defendant.

Per Curiam.

As the statement of these two cases in the record represents that the same evidence and instructions of the court were given in these as in the case of White’s administrator v. David White, already decided, there must be a new trial in these cases for the reasons upon which it was granted in the other.