#### Robert E. Hicks, appellant, v. Weightstill Woods et al., appellees.

Gen. No. 31,430.

Heard in the first division of this court for the first district at the October term, 1926.

Opinion filed February 7, 1927.

Perley H. Bishop, for appellant. Weightstill Woods, for appellees; Cameron Latter, B. W. Bosenstone and Wilkie Clay Ham, of counsel.

Mr. Justice Johnston

delivered the opinion of the court.