Lacy v. Bartlett

On Rehearing.

Appellee on rehearing earnestly contends that we erred in our original opinion in holding that there was no evidence to raise the issue of 10 years’ limitation. Much testimony is set out in the motion to show that there was evidence raising such issue. Sometimes an issue (in the sense that an is§ue must be joined by pleadings and when supported by evidence must be submitted to and found by the jury) consists of two or more facts, the concurrence of all of which is necessary as a matter of law to support the issue. In such a case where there is, say, three such facts necessary to…