The opinion of the Court was delivered by
Mr. Justice Gary.
The facts of this case are similar to those in the case of Charles Pringle Alston et. al., plaintiffs, respondents, v. J. F. Dimehouse et. al., defendants, appellants, in which the opinion has just been filed; and as the principles therein stated are applicable to this case, it is only necessary to announce the judgment of this Court, which is that the order of the Circuit Court be reversed.