Opinion oe the Court by

There is no bill of exceptions presented with this record showing the evidence adduced on the trial, and if appellee entered by the direction, and with the assent of intestate, her son, before she • can be ejected she is entitled to notice to surrender possession of the premises, and as it does not appear such notice was given her and the court below refused a new trial, we cannot say that the judgment is erroneous.

Wherefore the judgment is affirmed.