Opinion of the court by

This case is much like that of the same appellant against Price S. Whitacre, and that of James H. Ruddle v. George Thalor, at the present term, and, on grounds stated in those cases, the judgment below must be reversed.

The judgment below is reversed, with costs and the cause remanded, with instructions to the court below to sustain the demurrer to the first and second paragraphs of answer.