The  cases  of  Lockhart  ▼.  PhiUpt^  post.  p.  349,  and  Buniint.^  Sidsi^  t
De?.&  Bat.  £q.  Rep.  130,  cited  and  approved.
This  was  a  case  removed  by  consent  from  the  Court  of
Equity  of  Wake  County  to  the  Supreme  Court.  The  facts
of  the  case  are  sufficiently  stated  in  the  opinion  delivered  in
this  court.
W.  H.  Haywood^  jr.  for  the  plaintiff.
Winston  for  the  defendants.
