#### T. D. CLEMENT v. W. W. COZART.

Upon the facts set forth in the plaintiff’s appeal the defendant excepted to the judgment of the Court overruling the demurrer, and appealed.

Messrs. L. C. Edwards and J. B. Batchelor, for plaintiff.

Mr. R. W. Winston, for defendant.

Avery, J.:

For the reasons given in the discussion of the plaintiff’s appeal, we hold that there was error in overruling the demurrer of the defendant.

Error.