PER CURIAM.
On Rehearing
The original opinion in this case is withdrawn and this opinion is substituted therefor.
Plaintiff appeals from a judgment of voluntary nonsuit entered by the Circuit Judge of Conecuh County who overruled plaintiff's demurrer to defendant's Plea Two which hereinafter appears. Title 7, § 819, Code of Ala., Recompiled 1958.
Appellant sued at law in his fiduciary capacity as administrator of the estate of J. C....
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