On Motion for Rehearing.
It is vigorously contended by the plaintiff in error that, because defendants in error did not appeal from the judgment of the district court and have not filed assignments of error and have made no appearance by brief contending for any relief, they must be held to have acquiesced in the judgment which denied them a one-fourteenth interest in the property in question and awarded them a like interest therein.
We believe that this court is as much a court of equity as it is a court of law, and that, when one party appeals from a judgment, if, from the record, this court is of the opinion that the case was not properly tried as to all issues and that the judgment was improperly entered, it is our duty to reverse and remand in its entirety. We do not believe the trial court had the right to take this case from the jury under the record as presented.
Accordingly, the motion for rehearing is in all things overruled.