But even if this were not so, a careful reading of the bill of complaint shows that the appellant has wholly failed to make out a case which would justify a Court of equity in granting the relief that he has sought and, therefore, if the case were really before us, on its merits, we should affirm the decree for the want of equity in the bill.

Opinion by McSHERRY, C.J., filed January 15th, 1904. Submitted on brief by Jas. E. Ellegood and Alonzo L. Miles, for the appellees. *Page 742