I concur in the result of the opinion prepared by Mr. Justice POTTER.
The point of jurisdiction was timely raised and should have been sustained. The equity court had no jurisdiction and none could be conferred by consent of the parties. What the court below should have held we must now hold and not let the law on the subject yield to consent that jurisdiction be entertained.
NORTH, C.J., and McDONALD and POTTER, JJ., concurred with WIEST, J. *Page 352