Heitkemper v. Schmeer

Petition for rehearing denied March 13, 1934 ON PETITION FOR REHEARING (30 P.2d 1119) It is urged that error was committed in holding that plaintiff is entitled to a judgment against defendant R.W. Schmeer for $363.42, without requiring the plaintiff and his wife to quitclaim their interest in the property to defendant Larrowe. As stated in the original opinion, the plaintiff's wife was not a party to the trust agreement. She has no interest in the property which Larrowe purchased from the trustee. Hence, it would be idle to require a quitclaim deed.

We have nothing to add relative to the other assignment of error. It is covered to our satisfaction in the original opinion.

The petition for rehearing is denied. *Page 339