Few v. Pou

ON REHEARING.

Jenkins, P. J.

This case was determined by the judge of the superior court on the theory that the defendant in error, Mrs. Pou, was equitably entitled to the rents and profits of the land conveyed by her under bond for title, and it consequently does not appear that, the validity of the alleged previous oral transfer of the rents and profits by Smith to Few was considered by him to be the controlling factor. As set forth under the second division of the syllabus, this court does not think that this equitable principle has application in a garnishment. of this character; .and in…