This appeal involves the same questions that were involved in the case of J. D. Thomas v. Jessie E. Lavery, (Third Civil No. 4570) 125 Cal. App. 666 [14 Pac. (2d) 158], wherein Emma L. Barnett was defendant and appellant.

For the reasons set forth in the opinion in that case (filed September 6, 1932), the judgment in this case is reversed.