While I concur with the majority of the Court in the rule of law laid down by them, and also agree that were the appellee entitled to the relief he asks, the evidence would be sufficient; yet I do not think the facts as disclosed in the bill, show that the appellee could not, by proper vigilance, have protected himself from injury in the suit at law.
Thomas Baltzell, counsel for appellants, filed a petition for a rehearing, which was refused.