Delano v. Delano.

On Motion for Rehearing.

In view of the fact that- the trial court concluded as matter of law that the recital in the deed from E. J. Delano to appellee was contractual, establishing the title thereby conveyed as one of purchase, and that such recital was conclusive on the issue of advancement, appellee contends in his_ motion for rehearing that, since we failed to sustain the eighth assignment, complaining of such conclusion of law, we were in error in reversing the case on the ground of newly discovered testimony, since this testimony, by virtue of such conclusion, would become immaterial…