Glass v. Layton

(dissenting in part). — I think that it is immaterial that the suit was dismissed as to all of the defendants, or that no appeal was taken from that order. The dismissal was not complete for all purposes until the land which formed its subject matter had been discharged of the liability that had arisen against it by operation of law because of the effort to partition it by judicial' proceechngs. The principle applicable here is that underlying the rule that obtains as to restitution upon reversal of a judgment by an appellate court. See: Florence Cotton & Iron Co. v. Louisville Baking Co.,…