Thé Court, Comegys, C. J.,
after referring to Abbott’s Trial Evidence, chap 4, §§ 24, 25, and Adams on Ejectm., 282, said that it was the opinion of the court upon the evidence before them-that they ought to decline to instruct the jury to presume that the said Benjamin -Walls and his family of children living when he left the State for the west, are now all dead without issue; and that we must therefore grant the motion for a non-suit.