Cox v. McCartney

On Petition to Reheab.

Appellants have filed a petition to rehear complaining of our holding that the evidence failed to prove that the grantor had made a valid delivery to them of the deeds under which they claimed. In support of the petition learned counsel make an able and earnest argument, but it is only a reargument of matters already thoroughly argued by them and considered and determined by us. It points out no new matter of law or fact overlooked, but only reargues things which counsel say were improperly decided by us.

“The office of a petition to rehear is to call the attention of the court to matters overlooked, not to those things which the counsel supposes were improperly *243decided, after full consideration.” Louisville & N. Railroad Co. v. United States Fidelity & Guaranty Co., 125 Tenn. 658, 691, 148 S. W. 671, 680; Gulf, M. & O. R. Co. v. Underwood, 182 Tenn. 467, 476, 187 S. W. (2d) 777, 780; Rules of Supreme Court, rule 32, 185 Tenn. 879; Colbaugh. v. State, 188 Tenn. 103, 112, 216 S. W. (2d) 741; Black v. Love & Amos Coal Co., 30 Tenn. App. 377, 389, 206 S. W. (2d) 432, 437, and cases there cited.

"'"If re-bearings are to he bad, until tbe counsel on botli sides are entirely satisfied, we fear tbat suits would become immortal, and the decision be postponed indefinitely.” ’ Story’s Eq. Pl., 8th Ed., sec. 421, p. 395, note. Compare Andrews v. Crenshaw, 51 Tenn. 151, 153.” Gulf, M. & O. R. Co. v. Underwood, 182 Tenn. 467, 476, 187 S. W. (2d) 777, 780.

Tbe petition is denied at petitioners’ cost.

Howell and Howard, JJ., concur.