Fried v. Bradley

On Rehearing.

HAMITER, Justice.

On the original hearing of this cause the demands of plaintiff were rejected on the theory, as is shown'by the majority opinion, that the liberative prescription of ten years provided by Civil Code, Article 2221 is applicable to the executors’ deed in contest and, therefore, precludes the action.

Complaining of the decision plaintiffs’ counsel filed an application for a rehearing in which they disputed at length its correctness and the soundness of the mentioned theory. Further, in the application, counsel contended:

“ * * * assuming (without admitting) that the…