Group v. Jones

On Rehearing.

Opinion by BREWER, C. It is admitted in the argument on the petition for rehearing that the former opinion, holding the case barred by the statute of limitations, would be correct, if this were a suit for the possession of land or to determine an adverse interest therein. But it is claimed that this is really an equitable bill to redeem, on the theory that the present defendant is merely a mortgagee in possession, because he deraigns his title through a claim commencing at a sale under a mortgage foreclosure which is asserted to be void. The prayer of the petition begins with the…