This is a companion case to that of tbe same title, in wbicb a decision is filed at tbis time. (Kingman v. Weiser, 48 Neb., 834.) Tbis case was submitted at tbe same time, upon .tbe same evidence, and tbe decision of that case is applicable to and disposes of tbis. Tbe judgment of tbe district court is reversed and tbe cause remanded for further proceedings.

Reversed and remanded.