dissenting.
I am unable to agree with the conclusion reached by my brother, Wolverton, in this case. I do not think any satisfactory reason has been presented for changing the former opinion, to which I still adhere. Chief Justice Bean having participated in the trial of the cause below, took no part in the hearing on appeal, and Mr. Justice Wolverton and myself being unable to agree, it follows that the decree must be affirmed.
Affirmed by a division of the court.