delivered the opinion of the Court.
The Circuit Court correctly sustained the demurer to the plaintiff’s replication. The legal effect of payment is not to take the case out of the limitation act of 1839, and place it within the act of 1844. Biscoe and others v. Stone et al., 6 Eng. 39. Durritt v. Trammell, id. 183.
Let the judgment of the Circuit Court be, in all things, affirmed.