1. The motion to dismiss the application for certiorari and the order granting the same is without merit. '

2. Upon consideration of the decision rendered by the Court of Appeals in this ease, the judgment of that court is affirmed. Strickland v. Bank of Cartersville, 141 Ga. 565 (5), 566 (81 S. E. 886); Scott v. Saffold, 37 Ga. 384; Randolph v. Fleming, 59 Ga. 776; Civil Code of 1910, §§ 3543, 3544.

Judgment affirmed.