In this case, for the reasons stated in the case 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 be annulled, avoided and set aside, and the demand of the plaintiff, Hines Martens, for the use and benefit of Ontie Martens, is now refused and rejected at his cost in both courts.