Reynolds v. Hamilton

ON PETITION FOR REHEARING.

CROWNOVER, J.

This cause is again before us on a petition for rehearing in which it is insisted that this court erred in certain finding of facts and conclusions of law, which will be hereinafter discussed.

1. It is insisted that the court erred in finding that the Davenport claim was developed in proof, it being insisted that parties agreed at the hearing that Davenport Bros, were setting up a claim, a balance of $435.09, secured by a mortgage not released of record, that they agreed to release the mortgage of record, and that $435.09 be deposited in court in lieu of…