ON MOTION FOR REHEARING
In motion for rehearing, appellant asserts that we erroneously referred to the judgment in the prior suit as a “take nothing” judgment, and that it, in fact, did not afford the plaintiff any relief. Appellant did not make the judgment in the prior action part of the record in these proceedings and the recitation which appellant states was contained in the former judgment, and which is quoted in appellant’s motion for rehearing, is dehors the record; it is therefore not before us for consideration. Further, we can perceive of no vice in the former judgment merely because it might have denied, or refused to grant, the plaintiff relief in that case and, additionally, granted to the defendant affirmative relief of title and possession. French v. Olive, supra.
Motion for rehearing is overruled.