Elmer J. Ellefson, Administrator of Estate of Sophia Ellefson, Deceased, Appellee, v. Warren M. Miller, Appellant.

Gen. No. 9,364.

*227Heard in this court at October term, 1938;

opinion filed January 8, 1940.

Early, Carpenter & Early, for appellant; B. Jay Knight, J. E. Goembel and Frederick H. Haye, for appellee.

Opinion by

Presiding Justice Dove.

“Not to be published in full.’’