Bryan v. W. T. Smith Lumber Co.

ON REHEARING

COLEMAN, Justice.

The brief of appellee on rehearing discloses a bitterness .toward Earl Bryan which does not assist this court in deciding a difficult case. Light, not heat, is what the court needs.

Appellee argues that by reversing the decree we give Earl Bryan a third day in court on the same controversy. To set that idea at rest, we say here that we are of opinion that Earl Bryan is bound by the decree in the prior suit. So far as Earl Bryan and Smith are concerned, the line was established by the decree in Case No. 2594 in the circuit court. In the case at bar, the line will be…