Continental Securities Corp. v. Wetherbee

On Rehearing.

ODOM, Justice.

We have further considered all issues involved in this case, and our final conclusion is that our former opinion is correct in so far as we held that the Continental Securities Corporation had no right to foreclose its mortgage on only an undivided one-half interest in the property, and that Wetherbee’s mortgage to the bank did not include the mineral rights. '

But we now think our holding that because we reversed the judgment of the district court rendered in the partition suit ordering the sale of the property to effect a partition, “the sale to the Lodwick Lumber…