Witting v. Towns

In his motion for rehearing appellee has called our attention to an apparent conflict between the conclusion reached in our opinion rendered herein on July 2, 1924, and that reached in Edmonds v. White, 226 S. W. 819, by the Court of Civil Appeals at Texarkana. The question in the instant case did not arise in the same manner as that in the Edmonds Case; but to avoid confusion in the matter we have concluded to withdraw our former opinion herein, and to substitute therefor this opinion. It does not change our former disposition of the case, but does dispose of the question of fraud raised by…