Opinion by

The controlling facts here are the same as in Lottie Roe and H. M. Freas, as Sheriff of Osage County, Oklahoma, v. H. G. Burt, No. 7718, 66 Okla. 193, 168 Pac. 405, and the decision in that ease, to-day rendered, governs this appeal.

The judgment of the trial court should therefore be affirmed.

By the Court: It is so ordered.