The opinion is not to be construed as a reversal with directions, precluding the trial court in the exercise of a sound judicial discretion to permit further pleadings and proof as justice and equity may dictate. The pertinent authorities will be found cited in the report of the case. Kinney v. White et al., 215 Ala. 247, 110 So. 394. See, also, West v. Holman et al., 227 Ala. 248, 149 So. 685.
Application for rehearing overruled.
ANDERSON, C. J., and THOMAS, BROWN, and KNIGHT, JJ., concur.