delivered the opinion of the court.

On motion for a rehearing upon briefs filed, and upon an affidavit of the death of the petitioner, John G. Warner, on March 21, 1899, it appearing in this case that the court overlooked the fact that the drainage warrants, which formed the basis of this suit, were duly presented for payment on June 6, 1876, it is .

Ordered that the decree heretofore entered in this case V&, ■ and is hereby, vacated and set aside, and that' a new ■ decree be entered nunc pro tunc as of March 13, 1899, affirming the decree of the Circuit Court of Appeals im, all respects.