Keenon v. Burkhardt , 1913 Tex. App. LEXIS 166 ( 1913 )

On Motion for Rehearing.

In an exhaustive motion for rehearing, appellant first insists that we erred in holding that the defense of bona fide purchaser was admissible under a plea of not guilty, because the statute says that any lawful defense may be proven under the plea of not guilty, and the defense of bona fide purchaser is purely an equitable one. In addition to the case cited in the original opinion, we refer appellant to the holding of the Supreme Court in Kauffman v. Brown, 83 Tex. 41, 18 S. W. 425, and Chamberlain v. Pybas, 81 Tex. 511, 17 S. W. 50.

We have carefully reviewed the various grounds set up in the motion for rehearing, and are confirmed in our opinion that the original disposition of the case is correct.

The motion for rehearing is overruled.