#### Robert A. Bower, Jr., executor of the estate of John Thrash, deceased, appellant, v. Perry Thrash, appellee.

Trover to recover amount of note claimed by defendant to have been returned to him by payee as a gift. Judgment for defendant. Appeal from the Circuit Court of Champaign county; the Hon. Franklin H. Boggs, Judge, presiding. Heard in this court at the October term, 1917.

Reversed.

Opinion filed July 15, 1918.

Frank T. Carson and Green & Palmer, for appellant; Henry I. Green and William G. Palmer, of counsel.

Frank E. Williamson and Dobbins & Dobbins, for appellee.

Mr. Presiding Justice Eldredge

delivered the opinion of the court.