| Mo. | Jan 15, 1860

Ewing, Judge,

deliveréd the opinion of the court.

The answer in this case contains no allegation of fraud; the defence it set up was inadmissible for the reasons given iri the opinion in the case of Ohrisman & Smart,' administrators of Smith, v. Thomas, decided at this term.

Judgment affirmed ;

the other judges concurring.
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