On the Merits.
The case is identical with and is controlled by the case of Eachal, Tutor v. Eachal and Husband, 1 E. 116, and the cases therein referred to.
It is therefore ordered, adjudged and decreed that the judgment of the district court be avoided, annulled and reversed; that the exception to the jurisdiction of the district court be dismissed, and that the case be remanded to be proceeded in according to law, defendants to pay the costs of appeal.