Hollimon v. McGregor

On Appellant’s Application for Rehearing.

KNIGHT, J.

This cause was reversed for the failure of plaintiff to show a legal execution of the mortgage upon which he relied for recovery. We remanded the ease for new trial. Appellant has now filed application for rehearing, insisting that we reverse and render and not remand the cause. This application must be overruled, as we are still persuaded the ends of justice will be best subserved by a remandment for new trial.

Inasmuch, however, as the question of the proper execution, vel non, of appellant’s mortgage will arise upon another trial, we deem…