DICKINSON, Associate Justice.
This appeal is before this Court on a decree of the Chancellor below in favor of the plaintiff below, the appellee here, against the appellant here, who was one of the defendants below, wherein the cause had been set down before the Chancellor on Bill and Answer, the time for taking testimony having expired without any testimony having been offered by either party. A careful reading of the Bill and Answer and the authorities cited by both parties reveals that the Chancellor could have arrived at no other decision than the one that he did.
Accordingly, the decree of the lower court is affirmed.
SEBRING, C.J., and CHAPMAN, HOBSON and MATHEWS, JJ., concur.
TERRELL and ROBERTS, JJ., dissent.