Beck, P. J.
Applying the rulings made by this court in the case of Atlanta Title & Trust Co. v. Tidwell, 173 Ga. 499 (160 S. E. 620), to the controlling questions in the present case as they are made by the pleadings and the evidence, the court did not err in refusing an interlocutory injunction. Judgment affirmed.
All the Justices concur, except Russell, G. J., and Himes, J., who dissent.
Gilbert, J., co.ncurs specially for reasons stated in his special concurrence in the case cited above.