Farmers' Nat. Bank of Dublin v. Carmony

On Rehearing.

Appellant’s motion for rehearing exhibits such evidences of careful research and learning as justly to merit further discussion. In the original opinion, we expressed a doubt whether the issue of estoppel was raised by the evidence. Estoppel was a defense of a nature required to be pleaded. The question then is, Did the uncontroverted evidence show conclusively as a matter of law the existence of each, and every necessary fact alleged to constitute estoppel? A careful reading of appellant’s first supplemental petition, wherein are to be found the facts relied upon to constitute…