Jones v. Ford

ON MOTION FOR REHEARING

The Appellants urge in their motion for rehearing that the case has been decided on a new and different theory than the one presented by the parties and that our opinion “amounts to appeal by ambush.”

When we look at the issues presented to the trial Court, we find paragraph VII of the Plaintiff’s Original Petition alleges in part:

Plaintiff is the legal and equitable holder and owner of said note and indebtedness, and though action on said note would under normal circumstances be barred by the Statute of Limitations, said note and the Deed of Trust securing same remain…