The opinion of the Court of Civil Appeals in this case appears in 104 S.W.2d 650. The facts and the controlling question involved are the same as in Unknown Heirs of Holloway et al v. L. B. Whatley et al (Com. App.), this day decided,133 Tex. 608, 131 S.W.2d 89, 6 T. S.C. R. 932.

On the authority of that case the judgment of the Court of Civil Appeals affirming that of the trial court, is affirmed.

Opinon adopted by the Supreme Court July 26, 1939. *Page 616