In this case, for the reasons stated in the suit entitled Hines Martens v. Martin Penton, No. 2950, p. 35 herein, 130 So. 354, it is ordered, adjudged and decreed that the judgment appealed from herein be annulled, avoided and set aside, and the demand of the plaintiff, Hines Martens, for the use and benefit of Oscar Martens, is refused and rejected at his cost in both courts.