First Coleman Nat. Bank of Coleman v. Whitfield

On Motion for Rehearing.

Since appellees do not controvert appellant’s title to the land involved, and a reversal as to that portion of the judgment *820might in the future cast some cloud upon its title decreed to it by the judgment of the trial court, we' have concluded that a better course would be to affirm said judgment in so far as it awarded title to appellant; but to reverse and dismiss said cause in so far as the questions of possession and rents for the year 1983 are concerned, those issues having become moot. Our former judgment herein is therefore modified so as to affirm the judgment of the trial court as to appellant’s title to said land; but as to the issues of possession and rents the judgment of the trial court is reversed and dismissed. In all other respects appellant’s motion for rehearing is overruled.

Granted in part and in part overruled.