Forest Lawn Lot Owners Ass'n v. State

BOND, Chief Justice■

(dissenting).

After carefully considering appellees’ motion for rehearing and our original opinion, the judgment of the trial court should be in all things 'affirmed. In the original opinion, to which I then concurred and to which I now, on this motion for rehearing, enter my dissent, we held that when Oliver Letot filed the suit in 1935 against E. E. Widner, he thereby elected to foreclose his vendor’s lien on the land involved in this suit, and' that such election effectively barred his right to sue for the land itself under his superior title. There was no occasion for…