On Motion for Rehearing.
We think appellees’ motion for a rehearing, wherein complaint is made of our rendering a personal judgment against appellees for $2,500, with 6 per cent, interest from July 5, 1922, is well taken, and we hereby modify said judgment by rendering judgment that defendants in error take nothing as against C. W. McNear & Co., plaintiffs in error, and that plaintiff in error, C. W. McNear & Go., a corporation, recover of defendants,, in er*214ror tiie city of Kaufman, a municipal corporation, R. J. Rowe, the mayor of said city of Kaufman, and J. E. Carter, city secretary of tlie city of Kaufman, the title and possession of the cheek herein sued for in the sum of $2,500, held in the registry of the district court of Kaufman county, Tex., and that plaintiff in error,.C. W. McNear & Co., have judgment as against all of said defendants in error for the proceeds of said check for $2,500 as held in the registry of the district court of Kaufman county, Tex. . .
In all other respects, said motion for a rehearing is hereby overruled. The cost of this motion is taxed against plaintiff in error, C. W. McNear & Co.