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.