The above-entitled case was submitted with that of Ponting v. Isaman, ante, p. 577, 65 Pac. 434, and the decision in this case was to follow the decision in that. It is therefore ordered that the judgment be reversed, and that the cause be remanded, with instructions to the lower court to set aside said judgment and to enter judgment in favor of the appellant, dismissing this proceeding. Costs of this appeal are awarded to the appellant.
Stockslager, J., concurs.