Ireland v. Shukert

On Rehearing.

BLAND, J.

— After carefully considering this case we have concluded that the opinion of Cave, Judge, rendered upon the original submission, should be, and hereby is, adopted; but deem it proper to make the following observations, in view of the matters suggested in plaintiff’s brief.on rehearing.

It is claimed that defendant was the equitable owner of the ninety-nine year lease and, having received benefits by virtue of the execution of the guaranty, should be bound by the latter.

We are of the opinion that the fact, if it be a fact, that defendant had an equitable interest in the…