Hughes v. Neely

On Motion for Rehearing or to Transfer to Banc

In view of appellants’ contention, in their motion for rehearing or to transfer to the Court en Banc, that the trial court erred in refusing to hear evidence on alleged affirmative defenses, we point out that appellants misconceive the character of these actions and the rulings we have made concerning them. In the first place, these were not actions for possession; and as we noted no such action can be maintained until the life estate ends, so that the matter of allowance for improvements could only be an issue at that time. Moreover, these were…