The petition for rehearing is denied. We do not intend by anything said in the opinion to declare that upon the going down of the remittitur the court below may not permit the defendant to amend his pleadings by filing a cross-complaint to have his debt against the deceased John M. Lindsay declared a lien on the property, or to amend his answer to show the want of equity in plaintiff until the debt due defendant, if any, be paid.
Dated this thirteenth day of October, 1905.