WYATT, Presiding Justice.
This case comes to this court by reason of an equal division of the Judges of the Court of Appeals; Judges Felton and Gardner and Quillian, being for affirmance and Judges Townsend, Carlisle, and Nichols being for reversal. The facts in the case, in so far as they need be stated here, are: Jones D. Tanner filed suit on an insurance contract. The material terms of the contract provided that
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