Walter v. Curry

Opinion by

Judge Pryor :

The taking of the last appeal was an abandonment of the first and therefore no dismissal will be made. The appellee had purchased the property in controversy and the purchase was set aside or disregarded by the court below when he appealed to this court, and the judgment determining that he was without title was re*590versed with directions in substance to enter judgment in favor of the appellee for the property in controversy.

Kohn & Barker, for appellant. Rodman & Broam, for appellee.

While that suit or action was pending in this court the execution debtor whose property…