The case of Sallie Nichols, nee Grayson, Plaintiff in Error, v. D. Beardsley and F. M. Coonrod, Defendants in Error, this day decided, 134 Okla. 139, 272 Pac. 447, presents a statement of facts, except as to parties, the same as the facts involy’ed in this appeal. The rule announced in that case is controlling and operates to cause a dismissal of this appeal. Therefore the appeal in this cause is hereby dismissed.