¶1The foregoing opinion of RAILEY, C., is adopted as the opinion of the court. All of the judges concur.
¶2Headnote 1: Fraud, 27 C.J. sec. 243. Headnote 2: Appeal andError, 4 C.J. sec. 2717; New Trial, 29 Cyc. 847. Headnotes 3 and 4: Exchange of Property, 23 C.J. sec. 79. Headnote 5:Trial, 38 Cyc. 1500, *684