Miller, Et Vir v. Carr

This is the second appearance of this case here. See Miller v. Carr, 137 Fla. 114, 188 Sou. 103.

On the going down of the mandate, plaintiff filed fourth amended declaration. Demurrer thereto was sustained and judgment entered.

The law of the case was established in the opinion and judgment, supra. In that opinion we held:

“It is not alleged in either of the first two counts that the decedent had by a proper instrument in writing severed his ownership of the land and of the oil therein, if that can be done; and as at the death of decedent, oil that had not then in fact been severed from the…