¶1delivered the opinion of the court:
¶2The facts in this case are the same as in Whitmore et al. v. Gaston, ante, page 345, and the decision there must govern here. For the reasons stated in *349the opinion in that case, the judgment must he reversed and the cause remanded.
¶3Reversed
¶4Chide Justice Gabbert and Mr. Justice Steele concur.