Bemrod v. Heinzelman

On Motion for Rehearing.

In remanding the case to the trial court, on original hearing, we did not intend to hold that appellant will, on another trial, be precluded from suing the appellees to recover for any moneys he may have paid them a,s testified to upon the former trial,nor that he will be precluded from asserting and foreclosing a lien to secure the same. On the contrary, we will now say that the cause is remanded in order to give the plaintiff an opportunity to recover for any moneys paid by him to the appellees or paid out to discharge outstanding liens against the property in controversy and to establish and foreclose any lien to secure any money so paid out which may be properly established. The judgment we have rendered relates solely to the issue of title.

With that correction made, -the motion for rehearing is overruled.