A statement of the issues presented by this appeal will be found in our former decision. Harris v. Stearns, 17 S. D. 439, 97 N. W. 361. The views expressed in the dissenting opinion then filed (a rehearing having been granted) are now adopted by a majority of the court.

For the reasons therein stated, our former order of .affirmance is overruled, and the judgment and order of the circuit court are reversed.