*150Opinion by

This suit presents the same issue as the case of Emry H. Thrush v. Abram Thrush et al., 63 Or. 143 (125 Pac. 267), in which the opinion has been filed .today, but involves the south one-half of the northeast one-quarter and lots 1 and 2 of section 7, township 29 south, range 8 west, Willamette meridian.

The cases were tried together upon the same evidence and briefs, and upon the authority of that case the decree is affirmed. Affirmed.

Decided October 15, 1912.

On Rehearing.

(126 Pac. 995.)

Opinion

This case is identical in facts with the case of Emry H. Thrush v. Abram and Mary Thrush, 63 Or. 149 (126 Pac. 994), just decided, and for the reasons given in that opinion will be reversed, With costs.

Reversed on Rehearing.