On Motion to Dismiss.

The appeal herein was made returnable to the Supreme Court on August 15, 1906, and on the application of the appellants the return day was extended to September 15, 1906. The transcript was filed on October 1, 1906, which was the first day of the present terra

For the reasons stated in the ease of John Brooks and Wife v. Henry Smith et al. (this day decided) 43 South. 399, ante, p. 758, the appeal herein is dismissed.