Again,  we  might  suppose  that  the  stack  was  on  a  cart  which  was  passing
over  the  premises  in  exercise  of  a  right  of  way.  There  is  therefore  no  al-
legation showing  any  privity  entitling  the  plaintiff  to  recover  in  any  form
of  action.  Judgment  affirmed,

1  Grifl5nhoofe  v,  Daubiu,  4  El.  &  Bl.  230.  «  7  M.  &  W.  612.
394  ENGLAND  V.  MARSDEN.  [CHAP.  T.
ENGLAND  v.   MARSDEN.
In  the  Common  Pleas,  April  23,  1866.
[Repo)-ted  in  Law  Reports,  1  Common  Pleas,  629.]

This  was  an  action  for  money  lent,  money  paid,  interest,  and  money  due
upon  accounts  stated.
First  plea,  never  indebted.
