MR. JUSTICE GRAY, after stating the case as above reported, delivered the opinion of the court.
This case was not submitted to the decision of the court without a jury, pursuant to the Revised Statutes of the United States, §§ 649, 700; but to the decision of the judge as referee, in accordance with the statutes and practice of Vermont. Gen. Stat. 1862, ch. 30, § 52; Rev. Laws 1880, § 985; White v. White, 21 Vt. 250; Melendy
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