The case of Sally Nichols, nee -Grayson, v. D. Beardsley and F. M. Coonrod, defendants in error, this day decided, presents a statement of facts, except as to parties, the same as the facts involved in this appeal. The rules announced in that case are controlling and operate to cause a dismissal of this appeal.

This appeal is therefore dismissed.

Note. — See “Appeal and Error,” 3 C. J. §986, p. 1023, n. 53; 4 C. J. §2541, p. 649, n. 35.