Pegues v. Moss

On Motion for Rehearing.

In an able and forceful motion for rehearing appellee Moss urges that our decision in this case was based on a theory not tendered by appellants’ pleading. In the original opinion we held in substance that appellants’ suit was the assertion of an equitable right, rather than an equitable title to the land in question; further, that this equitable right to acquire title was unaffected by the judgment .in cause No. 1233.

Appellee Moss bases his claim to title on, first, the administrator’s sale; second, on the judgment in cause 1233.

The administrator’s sale beyond any…