Belch v. Holloman.

Util’.

Judge.

-The jury are to judge from circumstances, whether the thirty pounds were given for tLe trespass only, or for that and the property. If lor the former ouiy, the plaintiff is not barred ; It for the latter, be is. And he left to the jury the circumstances iiotn which it might be inferred to have bee* for the trespass only.

They found for the plaintiff, and there was judgment accordingly.