This is a companion case to Patten v. Corbin et al., 42 N.M. 561, 82 P.2d 789. The issues are settled by that decision in favor of appellee.

The decree of the district court is affirmed.

It is so ordered.

HUDSPETH, C.J., and SADLER, BICKLEY, BRICE, and ZINN, JJ., concur.