Johnston v. Case.

This is a petition to rehear the above entitled case, which was decided at the last term, and is reported in 131 N. C., 491.

The plaintiffs, who have petitioned for the rehearing, assigned several errors in the former opinion and judgment of the court, but we do not deem it necessary to consider but one of them, as the decision of the court, by which a new trial was awarded, must be sustained upon the ground we now take with reference to that assignment of error.

It appears that the plaintiffs undertook to establish title to the land in controversy by showing that it had been mortgaged by one…