The parties, pleadings, and evidence presented by the record in this case are so nearly identical with the case of Lee, impleaded, etc. v.' Grimes et al., decided at the present term, that it is unnecessary to do more thah to refer to the opinion therein delivered, for a decision of the question presented by this record.

The record does not disclose any error prejudicial to the appellant, and the judgment of the court below is

Affirmed.