Jenkins, J., delivering the opinion.

This case must be controlled by the judgment of this Court, in the case of the plaintiff in error vs. Speer, given at the March Term, 1861, of the Atlanta district. The demurrer should have been sustained in the Court below, on the ground that the complainant had an adequate remedy at law. On that ground the judgment of the Court below, overruling the demurrer, must be reversed.

Let the judgment be reversed.