Pate v. State

BROOKS, Judge.

This case was affirmed at a previous day of this term. In his motion for rehearing appellant insists that we failed to pass upon his third bill of exceptions, which contains the following: Appellant for the purpose of showing that the identical land upon which the fence alleged to have been injured was situated was not in the quiet and peaceable possession of Mrs. M. L. Dimmitt and William Wood, or either of them, at the time it is alleged to have been injured, offered in evidence a general warranty deed to said land from F. W. Caruthers to Mrs. S. G-. Pate, wife of defendant,…