This ease is controlled by the decision this day rendered in the case of Toole v. Wiregrass Development Company, ante.
Judgment reversed.
All the Justices concur. Complaint. Before Judge Graham. Montgomery superior court. August 7, 1913. Charles D. Loud and W. C. McAllister, for plaintiff. Safford & Stallings, L. C. Underwood, and W. L. Wilson, for defendant.