SMITH, J.
We think that the rule adopted by Judge Buchwalter in his decision of this ease, reported in 1 N. P., 83, is as equitable a one as can be adopted, and so far as we can see is more nearly in accordance with the provisions of the statutes, ás construed by the supreme court, than any sugegsted by counsel. The same kind of a decree as was entered in the common pleas may be entered in this court.