Opinion
No. 12,763.
Filed March 30, 1927. Rehearing denied June 29, 1927. Transfer denied November 2, 1928.
From Marion Superior Court (A28,292); Clinton H. Givan, Judge.
Action between L. Burnside Smith, trustee, and Charles S. Way. From the judgment rendered, the former appeals. Affirmed. By the court in banc.
Emmett S. Huggins, Jacob Morgan and Herbert E. Wilson, for appellants.
Joseph T. Markey, Eph Inman and Ward Grabill, for appellee.
Judgment affirmed, with ten per cent. damages.