Landa v. Isern

On Motion for Rehearing.

As pointed out in our original opinion, Landa, in the Bexar County action, sought certain relief against Valley Citrus Orchards of Texas, i. e., a money judgment and a foreclosure of his lien. The relief sought against the Iserns was not identical with that sought against the maker of the notes, hut wa& limited to a foreclosure of the lien as against the Iserns. The mere fact that the Iserns were named parties to the suit against the Valley Citrus Orchards did not make the issues identical as to all parties.

The granting of the ultimate relief prayed for by Landa as…