dissenting. I dissent from the rulings made by the majority of the court in this ease. See the ease of Wilcher v. Walker, 144 Ga. 526 (87 S. E. 671), and cases there cited. See also the cases collected in the note to the ease of Smith v. Smith, 25 L. R. A. (1ST. S.) 1045. Some of the eases there collected support the ruling of the majority, but a large number of them are in accordance with this dissent and state clearly and convincingly the doctrine upon which it is based.