dissent.
LAWSON, STAKELY and GOOD-WYN, JJ., dissent on the ground that in their opinion the bill shows an actual existing bona fide controversy between adverse parties and, hence, irrespective of whether complainants were entitled to a declaration of rights in accordance with their theory, they were entitled to have a declaration made and entered after answer and on such evidence as they thought proper to introduce on submission for final decree. They insist in this court on that right and do not agree that the matter was one purely of law to be decided on demurrer. Waterworks and Sanitary Sewer Board v. Dean, 260 Ala. 221, 69 So.2d 704; Atkins v. Curtis, 259Ala. 311, 66 So.2d 455; City of Bessemer v. Bessemer Theatres, 252 Ala. 117, 39 So.2d 658; Alabama State Milk Control Board v. Graham, 250 Ala. 49, 33 So.2d 11. The-opinion of the court decides the issue against complainants and then says to them that they have not shown a justiciable controversy because the court does not agree with their theory. That is just another way of’ ignoring the holding of the cases cited above. Those cases, in our opinion, should be followed or expressly overruled.