Bayles v. McGuffie

On Rehearing.

GLADNEY, Judge.

A rehearing was granted in this cause so that we might give further consideration to the evidence supporting plaintiff’s right to be maintained and quieted in possession of the property in question. The effect of our former judgment was to reverse a decision of the trial court which had rejected plaintiff’s demands for failure to establish his case by a preponderance of the evidence.

Counsel for the appellee, the applicant for rehearing, earnestly insist we com*545mitted error in the following respects: (1) in that we assumed plaintiff’s possession and considered only…