#### D. L. Kacelieff, plaintiff in error, v. Walter A. Kelly, defendant in error.

Interpleader on a fund claimed by plaintiff and defendant. Error to the Circuit Court of Madison county; the Hon. J. F. Gillham, Judge, presiding. Heard in this court at the October term, 1925.

*641Reversed and remanded with directions.

Opinion filed February 17, 1926.

Harold J. Bandy, for plaintiff in error. D. G. Williamson, for defendant in error.

Mr. Justice Barry

delivered the opinion of the court.