On Rehearing.
Upon consideration of the authorities cited in appellant’s motion for a rehearing, we have reached the conclusion that the petition of the appellee is subject to a general demurrer. Jennings v. Moss, 4 Tex. 452; Frazier v. Todd, 4 Tex. 461; Parr v. Nolen, 28 Tex. 798; Gray v. Osborne, 24 Tex. 159, 76 Am. Dec. 99.
The motion for rehearing is therefore granted, and the cause reversed and remanded.