The opinion
On Rehearing
In his brief on application for rehearing, appellee’s counsel earnestly insists that this court is in error in holding the statement by Clem to Roberts was hearsay and inadmissible. We have carefully considered appellee’s argument and the authorities cited therein, and we adhere to our opinion that Roberts, one of the owners of the property, could not testify to a statement to him by the by-bidder, made the next day after the sale, not in the presence of defendant, and the said by-bidder being deceased at the time of trial.
Application for rehearing overruled.