*230On Application for Rehearing.
Manning, J.The defendants complain of our decree in every particular. We adhere to our opinion on the question of litigious rights, but the record leaves a doubt in our minds whether tlie trial on the merits was had in full. The transcript is a bungle and may well have misled us, and as the judgment of the lower court was on the exception alone, we shall remand the case for a trial on the merits. The rehearing is granted. -