Consolidated School District v. Thompson

Upon the original submission of this case, an opinion was filed affirming the decree of the district court. See 171 N. 'W. 16. Thereafter, a rehearing was granted on defendant’s petition, and counsel have since filed additional briefs. In the affirming opinion referred to, this court held the defendant estopped to deny the plaintiff’s title, and therefore did not discuss the merits of the dispute upon other issues. Of this the appellant complained because, according to his theory, the es-toppel, if any, of the defendant to assert title did not necessarily establish title in plaintiff; and he…