Moore v. Blackwell

On Rehearing.

Appellants and those appellees who are the heirs of John and Jesse Blackwell have filed motions for rehearing.

Appellants assert that in the state of the pleadings and evidence and our rulings the trial court should have given a peremptory instruction in their favor wherefore this court should reverse and render in their favor rather than remanding for retrial.

It is evident from the record that the case in behalf of appellees has not been fully developed. Justice will be better subserved by remanding the cause rather than rendering. Under such circumstances, the case should be…