delivered the opinion of the Court.

The questions here involved are, substantially in legal effect, the same as those decided in Gunter et al. v. Walpole et al., reported , arid the opinion therein is decisive of and controlling in this case, and necessitates an affirmance of the judgment herein.

Judgment affirmed.

Decision en banc.

Mr. Justice GaTrigan dissents.

Mr. Justice Allen not participating.