Opinion
Argued December 15, 1925
Affirmed January 19, 1926
From Multnomah: WALTER H. EVANS, Judge.
AFFIRMED.
For appellant there was a brief over the name of Messrs. Bowerman Kavanaugh, with an oral argument by Mr. Jay Bowerman.
For respondent there was a brief over the name of Messrs. Griffith, Peck Coke, with an oral argument by Mr. John S. Coke.
The facts in this case and the law governing it are identical with the facts and principles announced and followed in the case of Fidelity Deposit Company of Maryland v. Bramwell, ante, p. 1 ( 242 P. 823), this day decided, except that in this case no issue was presented as to the time elapsing between the disallowance of the preference claimed by the plaintiff and the commencement of the suit. This case, therefore, is controlled by that decision, and a like result must follow in this case. The decree is therefore affirmed. AFFIRMED.
McBRIDE, C.J., and BURNETT and COSHOW, JJ., concur.