THE COURT.

This is an appeal from a judgment of the superior court in and for the county of Imperial in favor of the plaintiff and against the defendant. The facts are the same as those involved in the case of Capron v. Van Horn, ante, p. 486 [258 P. 77], with the exception of the name of the defendant and the description of the land. [1] On the authority of said case this day decided it is ordered that the judgment be and the same is hereby reversed.

Rehearing denied. *Page 773