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