Opinion
August 1, 1952.
Appeal from Circuit Court, Lee County; Lynn Gerald, Judge.
Henderson, Franklin, Starnes Holt and Parker Holt, Fort Myers, for appellant.
Richard W. Ervin, Atty. Gen., and T. Paine Kelly, Asst. Atty. Gen., for appellee.
Affirmed upon authority of Florida National Bank v. Simpson, Fla., 59 So.2d 751, and also upon that portion of our opinion in Root v. Wood, 155 Fla. 613, 21 So.2d 133, from which we did not recede in the case of Florida National Bank v. Simpson, supra.
SEBRING, C.J., and TERRELL, CHAPMAN, THOMAS, HOBSON, ROBERTS and MATHEWS, JJ., concur.