#### Clifton Fred Barnum, Administrator of Estate of Gloria Mae Barnum, Deceased, Appellee, v. George Schmauss, Jr., Appellant.

Gen. No. 9,898.

Heard in this court at the October term, 1943;

opinion filed December 28, 1943.

Burrell & Burrell and Frank P. North, for appellant; David M. Burrell, of counsel; James Berry and Thomas Simmons, for appellee.

Opinion by

Justice Huffman.

Not to be published in full.