Davis v. Gillen

On Motion for Rehearing.

Defendants have filed a. motion for rehearing. The grounds requiring discussion are indicated in the following com■ments:(1) Determination of the title to, and of the right to the possession of the timber, growing on the 200 acres of land described in the petition was assuredly a material part of the subject matter of the suit. This is , shown, not only by the petition but also by the proof concerning the njatters which resulted in this suit being filed.(2) A judgment in plaintiffs’ behalf against defendants for the value of said timber would not be the same thing as,…