Opinion by

This case involves the consideration of the identical question decided by this court in the-case of Flesher et al. v. Hubbard, ante, 132 Pac. 1080. The decision of that case is conclusive as to the issue herein, and we-hereby adopt and promulgate the opinion of that case as and for the opinion in this case.

For the reasons assigned, the judgment of the district court: of Okfuskee county should be affirmed.

By the Court: It is so ordered.