The opinion of the Court of Civil Appeals in this case appears in KM S.W.2d 650. The facts and the controlling question involved are the same as in Unknown Heirs of Holloway et al. v. L. B. Whatley et al., Tex.Com.App., 131 S.W.2d 89, this day decided.

On the authority of that case, the judgment of the Court of Civil Appeals affirming that of the trial court, is affirmed.

Opinion adopted by the Supreme Court.