Hurst v. Hurst

HATHAWAY, Judge.

On the petition for rehearing as to which a second oral argument was had, we have reconsidered this matter in the light of a more complete record. We conclude that a different result is required.

A brief chronological calendar of the history of this litigation is essential to a proper understanding of the problems involved in this appeal:

Complaint filed June 11, 1954

Receiver appointed February 27, 1957

Judgment (appealed from in first appeal) February 21, 1958

Order confirming receiver’s sale April 14, 1958

Decision on first appeal October 15, 1959

Judgment December 29,1960

Judgment…