6 S.D. 445 | S.D. | 1895
This was an action, brought by respondents as plaintiffs, to remove from their title to premises described in the complaint certain alleged clouds, consisting of a mortgage, sheriff’s certificate of sale thereunder to appellant Southworth, and her assignment of the same to appellant Hiles, and a sheriff’s deed to said Hiles, and to quiet the title to said premises in said respondents as against the said appellants. The pleadings are lengthy, and present issues enough to make a formid ■ able case, but upon the record brought here there seems little for this court to do. The trial below was to the court. Upon findings and conclusions duly filed the court gave judgment for
Being thus thus barred by the record from any inquiry as to whether the evidence would justify the findings of fact, there are but three questions left. They are: First. Did the court err in excluding Exhibit I? Second. Do the conclusions of law correctly state the legal effect of the facts found? And,