Opinion by

This case grows out of the same state of facts from which the action of ¿Samuel M. Johnston arose; the appellant being the father of Samuel M. Johnston. In an opinion this day handed down in the case of Samuel M. Johnston et al. v. Arch. R.. McDade et al., the judgment of the court below was affirmed, and our conclusion in that ease requires the affirmation of the judgment in this ease.

The assignments are overruled and the judgment affirmed.