Opinion by

All the questions presented by this record have been considered in the case of Davis v. Patterson, ante, p. 479, in which an opinion has this day been filed.

*491In the present case the judgment entered by the learned court below was diametrically opposed to that in the case of Davis v. Patterson et al., which we have just affirmed. It necessarily follows that we must in this appeal sustain the assignments of error.

Judgment reversed.