Rains v. Thornton

MÁSSEY, Chief Justice.

On November 18, 1955, we entered judgment affirming the judgment of the trial court. After further study of the case on motion for rehearing, we have come to the conclusion that we were in error in so doing. The former opinion is hereby withdrawn and the following substituted therefor.

From a judgment for a party in position of defendant in a suit by a party in position of plaintiff to quiet title to a 74¼, acre tract of land, the losing party appeals.

Judgment reversed and rendered.

In 1914 C. H. Medlin, a widower, conveyed by warranty deed, subject to a life estate in…