Gillespie v. Bartlett & Byers

On Rehearing.

Counsel for appellant is in error in his assumption that the evidence shows without dispute that Ross became the tenant of Gillespie, either presently or potentially, by contractual agreement between them made about the first of the year 1921.

Ross himself testified that—

“He was in possession and owned this land in 1920 and 1921.” (Italics supplied.)

He further stated:

“That he did not really know just when he rented this place from Dr. Gillespie, because he fell down that fall on his payments; that he told Dr. Gillespie that he would just stay there; that he was trying to get some…