Doty v. Shepard

The opinion of the court was delivered by

West, J.:

We have carefully examined the defendants’ petition for rehearing and have reexamined the report of the referee and the former opinion herein, and the petition is denied.

The plaintiffs moved to set aside the directions to the trial court to determine the rights of Nellie P. Shepard in the Tabor property, one reason suggested being that the referee’s 13th finding was that during all the years after the purchase of the Tabor property H. D. Shepard and wife remained in possession thereof and collected *1042rents from the same. In the former opinion…