Rudasill v. Rudasill

On Motion for Rehearing.

After a careful consideration of appellees’ motion for a rehearing, we have reached the conclusion that we should adhere to the disposition made in our original opinion of the several questions therein discussed. Appel-lees state in their motion for rehearing that in our original opinion we refer erroneously to the judgment of the trial court as having set aside 200 acres of the 363-acre tract of land in controversy as a homestead “to be 'used as community property.” This statement is incorrect, and is evidently a mistake on the part of the draftsman of the motion. We have read and re-read the opinion, and have been unable to find anywhere in it the use by this court of any such expression.

The motion will be overruled.