Wallace v. Burson

On Motion for Rehearing.

Wallace has filed an elaborate motion for rehearing presenting nine assignments of error. The gist of these assignments is that we erred in treating the wrongful sequestration as a conversion and in applying the measure of damages applicable thereto. It is urged that the proper measure of damages was the value of the use of the property, and the proper judgment would be in favor of Wallace for the balance due on his note, less a proper credit covering the value of the use of the property, and foreclosure of his lien.

Since we did not discuss this point in our original…