Thompson

Plaintiffs are heirs at law of William N. Thompson, deceased. Intervener A. N. Drown is administrator with the will annexed of the estate of said Thompson, deceased. Teresa Bell was .joined as a defendant in the ac-George Staacke, formerly executor of the will of said Bell, deceased, but was later substituted as administratrix with the will annexed of said Bell, and the action as to defendant George j Staacke, formerly executor of the will of said Bell, was dismissed. Objection was made by defendant Teresa Bell to plaintiffs prosecuting the action on the ground that Drown had been appointed administrator of the estate of Thompson, deceased, and had filed his complaint in intervention setting up the same cause of action as that of plaintiffs. The cause was tried upon the issues presented by the complaint of intervener Drown and the answer thereto by defend ant Teresa Bell as administratrix. The defendant bank denied the averments of the complaint in intervention except as to the demand alleged to have been made upon it by the intervener.

The cause was tried by the court without a jury and the intervener had judgment against defendant bank, from which defendant Teresa Bell,…