The opinion
REHEARING.
Upon further consideration, Ave are of opinion, folloAving the case of Huckabee v. Nelson, 54 Ala. 12 , that the judgment of the court beloAV should be reversed in loto. The former judgment of this Court Avill be modified so as to remand the judgment below as to both the defendants, appellants here.
McClellan, O. J., Haralson, Doavdell and Denson J.J., concurring.