
    Irwin et al. v. Torbert.
    No. 15849.
    June 12, 1947.
    Rehearing denied July 11, 1947.
    
      James F. Cox, William G. Grant, Lokey & Bowden, Sydney F. Keeble, E. D. Smith Jr., Carl B. Copeland, Hoke Smith, and Smith, Kilpatrick, Cody, Rogers & McClatchey, for plaintiffs in error.
    
      Moise, Post & Gardner, and Powell, Goldstein, Frazer & Murphy, contra. Henry A. Stewart, Sapp & Erwin, J. N. Peacock Jr., William C. McLean, Leonard Parkas, Walter H. Burt, Beck, Goodrich & Beck, James E. Morrisette, McQueen & McQueen, S. B. Lippitt, Wright & McGuire, and Reuben Wright, for persons at interest, not parties.
   Duckworth, Presiding Justice.

This case is controlled by the decision in Irwim, v. Willis, ante, 463, and the judgment is reversed on condition that the defendant, The Arlington Corporation, give the bond offered in its amendment of February 21, 1947, the bond to be approved by the court, and that the said defendant comply with the other offers made in the said amendment; otherwise, the said judgment to stand affirmed.

Judgment reversed on condition.

Jenkins, Chief Justice, Bell, Wyatt, Bead and Candler, Justices, and Boykin, Judge, concur. Atkinson, Justice, disqualified.  