The transcript of record in this case was filed in this court on November 11, 1940, and was set for submission in this court for Thursday, April 24, 1941.

A final judgment was entered in this case in the District Court of Culberson County, Texas, October 23, 1940, from which judg *470 ment appellant prosecuted this .appeal and gave bond. Appellant has not filed a brief in this court.

The appellees have filed a motion herein that the judgment of the trial court be in all things affirmed.

We have carefully searched the record and found no fundamental error.

The case is affirmed.