SCHOTTKY, J.
Defendant above named has appealed from the judgment in the instant action which action is the aftermath of an unusual sequence of events.
On October 15, 1948, Edward L. Mashburn and plaintiff above-named, who were formerly husband and wife, entered into an agreement in writing providing for the sale of their property. After the sale of said property Mr. York, who was then the attorney for both husband and wife, deposited the
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