Edmunds v. Gwynn

*538ON REHEARING.

Richmond

January 14, 1932.

Present, Campbell, C. J., and Holt, Epes and Hudgins, JJ.

This cause, which is reported in ante, page 528, 159 S. E. 206, is not free from difficulty. The chancellor who presided at its trial was first of opinion that the plaintiffs should prevail, but upon more mature reflection reached the conclusion that he was in error, held with the defendant, and granted the prayer of his cross bill. That decree was reversed by this court, two justices dissenting. In the majority opinion the justice now drafting this on rehearing concurred.

The major issue is, was…