To vacate an order, made in a partition case, confirming the report of commissioners appointed therein and to set aside such report, for the reason that the commissioners proceeded without giving notice to complainants or their solicitors, but were attended by the solicitor for some of the defendants, who were tenants in common of the land, that such solicitor directed the commissioners in what manner to proceed, and prepared the report which they signed and filed.

Granted May 13, 1895.