It was stipulated that the judgment in the present case should follow that in School *Page 105 District No. 9 of Apache County and Apache County, Appellants, v. First National Bank of Holbrook, a Corporation, Appellee,ante, p. 86, 118 P.2d 78.

The judgment of the superior court of Navajo County is reversed and the case remanded with instructions to rule upon the general demurrer in accordance with the principles laid down in the case above cited.