This is an appeal from a decree dismissing plaintiff's bill of complaint on motion by defendant. The questions involved are the same as those in McClure v. Rex Oil Gas Co., ante, 255. We adopt the opinion therein as controlling of the instant case.

The decree entered herein is vacated and the cause remanded for further proceedings in accordance herewith. Costs to appellant.

SHARPE, C.J., and BUSHNELL, CHANDLER, NORTH, McALLISTER, WIEST, and BUTZEL, JJ., concurred. *Page 263