Carter v. Burns

The foregoing opinion by HYDE, C., is adopted as the opinion of the court. All of the judges concur, except Hays, J., not voting, because not a member of the court when cause was submitted.

ON MOTION FOR REHEARING

Respondent, in his motion for rehearing, contends that the opinion herein overlooked or misconstrued the evidence favorable to him, tending to show an agreement between the Turney brothers (as a part of the consideration for their transaction) that Dillon Turney assumed and agreed to pay the mortgages on the land. Because of the manner in which the cases were tried below and submitted…