Coline Oil Co. v. Cannon

On January 21, 1930, an opinion prepared by Mr. Commissioner Teehee, affirming the judgment of the trial court, was approved by this court and delivered in this cause. In due time, a petition for rehearing was filed, and upon further investigation of the facts and authorities1 cited in that opinion, I am unable to agree with the rule of law as herein announced and must dissent from the same.

The facts briefly stated are:

On July 30, 1913, J. R. C'ottingham held the title to approximately 1,900 acres of land in Carter county, and on that date Cotting-ham executed and delivered to W. E. Hodges an…