¶1both judgments were re» versed, upon the authority of the decision in the case of Bowden executor of Moore v. Taggart ; (ante p-j) the court being of .opinion that the daw upon the demurrer was in favour of the appellant: and, there being another plea, (viz. “ payment,”) the cause was remanded for farther pro- . céedings.
¶2) Note. See Syme. v, Griffin, 4II-, & M, 277,