Harbottle v. Rawlins

OPINION OF THE COURT BY

FREAR, J.

This case was decided tbe 20th July last, ante 105. On tbe 28th tbe principal complainant filed a motion for a re-bearing without setting forth any grounds therefor. On October 5, tbe *208day the motion was reached on the calendar, she filed specifications of grounds as follows:

“The undisputed testimony given in said cause shows—

Eirst, that R. N. Boyd was acting in a fiduciary capacity for the grantee and that he was also the paid agent of the grantee.

Second, that the grantors flatly and persistently refused to sign the deed when they learned that the Hamakua land…