¶1delivered the opinion of the Court:
¶2This case is the same on all points with that of Conway Robinson v. Wm. H. Morrison, No. 119, and was by agreement submitted therewith to follow the judgment therein.
¶3In accordance with the opinion in that case the judgment herein must be reversed, with costs to the appellant, and the cause remanded for further proceeding not inconsistent with the opinion of this court in No. 119.