
    No. 10615.
    Birney v. Birney et al., Exrs., et al.
    Decided January 12, 1909.
    Error to Circuit Court of Harrison county.
    
      Messrs. Perry & Rowland, for plaintiff in error.
    
      Messrs. Hollingsworth & Worley, for defendants in error.
   Judgment reversed and judgment for plaintiff in error.

Summers, Davis, Shauck and Price, JJ., concur.  