Clearman v. Graham

In their motion for rehearing appellants have for the first time called our attention to matters now claimed as fundamental error neither raised by assignment nor adverted to in their original brief, which require a reformation of our original opinion herein and a reversal of this case. To avoid confusion, and in the interest of brevity, we have decided to withdraw our original opinion herein and substitute therefor this opinion.

The appeal is from a judgment of the district court of Bell county awarding to Graham specific performance of a trustee’s sale to him of 200 acres of land. The…