This case is ruled by Fidelity Deposit Co. of Baltimore v. O. S. Rainer (Ala. Sup.) 125 So. 55,1 this day decided on application for rehearing. Under the ruling of a majority of the court in that case, the judgment here appealed from must be reversed.
Reversed and remanded.
All the Justices concur.
1 Ante, p. 262. *Page 268