46 Ind. App. 285 | Ind. Ct. App. | 1909
Lead Opinion
On August 18, 1894, appellee Mary J. Fowler, and her husband, Thomas L. Fowler, executed to appellant a mortgage on certain real estate in Eandolph county, Indiana, and this is a suit to foreclose that mortgage. Appellees John M. Stewart and Matilda Stewart were made defendants and called upon to answer as to their interest in the real estate. Issues were formed and submitted to the court for trial. At the request of the parties the court made a special finding of facts, on which it concluded the law to be with appellees, and rendered judgment accordingly.
The record in this case is properly before us, and the questions for our consideration are presented by the assignments that the court erred in overruling appellant’s motion for a new trial, and in its conclusions of law.
The facts, as they appear from the pleadings, are in the special findings, except the fact that appellees Stewart and Stewart are the owners, by purchase from appellee Mary •J. Fowler, of a part of the real estate covered by said mortgage. In substance, the facts, as found by the court, are that on August 18, 1894, appellee .Mary J. Fowler was the owner of certain real estate in Eandolph county, and on that day, her husband joining, she executed to appellant a mort
Upon the facts found, the court concluded that the law was with appellees, and that they should have judgment for their costs.
Judgment affirmed.
Rehearing
On Petition, for Rehearing.
Counsel for appellant earnestly insist that we should have passed upon the sufficiency of the evidence to support the decision of the trial court. In support of that contention, counsel refer us to that part of their original brief under the heading “Points and Authorities” and subhead “motion for a new trial,” point 2, which reads as follows: “The agent’s statements were only expressions of opinion, and not false representations. ’ ’
Petition for rehearing overruled.