JACKSON, J.
This case comes to us on petition to transfer from the Appellate Court under Acts 1933, ch. 151, § 1, p. 800, being § 4-215, Burns' 1946 Replacement, (See: Moorman v. Cox 196 N.E.2d 581, and 197 N.E.2d 320 for opinions of the Appellate Court) and is an appeal from a judgment of the Randolph Circuit Court which reads as follows:
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