Wadhams v. Flagler Gay

A rehearing having been granted in this case, and a full re-argument had, we find reason, on further deliberate consideration, to modify our former decision.

We are satisfied that, as respects the appellants Engles and Day, we underestimated the strength of their position as purchasers under the decree on the bill of review, whilst such decree was in force, and before any step had been taken to reverse it.

Under the will of Augustus Garrett, and the subsequent happening of the contingencies therein named, Charles D. Flagler became vested with an estate in fee in these lands. -It was so decided…