Polk v. Saunders

The present appeal is the second we have considered in this case. Heretofore it was remanded to the district court for( a new trial. 5 La. App. 450. This appeal .is prosecuted from the judgment of the district court following second trial, which is practically the same decree as was rendered after first trial, and by a different judge.

While this appeal has been pending the plaintiff and defendant have both died. The widow and heirs of each by motion have been substituted as parties to the suit.

In our former judgment the facts of the case' were somewhat set out at length, and these will not…