#### William Ebers, Receiver, Defendant in Error, v. J. Henry D. Dettmering and Frieda Dettmering, Plaintiffs in Error.

(Not to be reported in full.)

Error to the Circuit Court of Randolph county; the Hon. J. F. Gilli-iam, Judge, presiding. Heard in this court at the March term, 1917.

Reversed and remanded.

Opinion filed October 24, 1917.

Statement of the Case.

Action in assumpsit by William Ebers, receiver of Farmers Bank, plaintiff, against J. Henry D. Dettmering and Frieda Dettmering, his wife, defendants, to recover on a certain note given by defendants to the bank. From a judgment for plaintiff for $1,601.50, on demurrer to defendants’ special plea, defendants bring error.

The decision in this case is governed by the decision in Ebers v. Dettmering, ante, p. 539.

J. Fred (Buster and William: H. Schuwerk, for plaintiffs in error.

H. Clay Horner, for defendant in error.

Mr. Justice Boggs

delivered the opinion of the court.