Groves v. Burton

On Petition for Rehearing

Kelley, C. J.

Appellants seek a rehearing of this cause on the ground that we have erroneously decided a new question of law in this state as applied to the facts of this case.

They say that the stipulation of the parties to this action that appellant, Leonard Niekamp, “was not made a party to said quiet title suit either as an unborn heir, or by representation, or by any other means or procedure” is binding on this and the trial court and exempts him from the effect of the 1909 decree of the Gibson Circuit Court,' he being then unborn. We considered this contention in…