McDaniels v. Miller

On Application for Rehearing

In application for rehearing, counsel for plaintiffs-appellants for the first time suggest that the present matter is a possessory action coupled with a prayer for damages and that the trial court (as well as this court on appeal) erred in otherwise considering appellants’ demands. Additionally, learned counsel urges that defendant was without right to herein demand the fixing of a boundary between the estates of the parties by way of reconventional demand for the reason that, in a possessory action, title or boundary is of no moment — the sole issue being limited…