193 Ind. 154 | Ind. | 1923
Appellee recovered a judgment for $20,345.61 against the appellant Washington Irving Buchanan on certain promissory notes, together with a decree that what purported to be a deed executed by him and recorded in the county where the land was situated, conveying to his coappellant, William M. Buchanan, a certain described farm, should be set aside, and that the land it purported to convey should be sold on execution as the property of said debtor to satisfy the judgment. Each of the appellants filed a separate assignment of errors. But Washington I. Buchanan contented himself with entering on the transcript a confession of the errors assigned by his coappellant, and has not filed a brief. The only errors assigned and not waived are the overruling of William M. Buchanan’s motion for a new trial, and the alleged erroneous state-, ment of certain conclusions of law upon the special finding of facts.
Appellant next complains of the conclusions of law upon the finding of facts. The trial court made a special finding of facts in sixteen paragraphs, which fills more than seventeen pages of the transcript. Appellant has set out what he calls the “substance” of these findings in little more than one page of his brief, from which, as appellee points out, he has omitted many material facts tending to support the conclusions of law. It is impossible for the court to determine whether or not a conclusion of law was erroneous without a consideration of all the facts found. A mere fragmentary recital in the brief of a few of the facts found affords no basis for adjudging that appellee was not entitled to a conclusion of law in its favor upon all of the facts. A rule of this court requires that “the brief of appellant shall contain a clear statement disclosing: * * * Fifth. A concise statement of so much of the record as fully presents every error and
The statement in appellant’s brief is not sufficient to show that the special finding failed to recite facts on which the court properly stated conclusions of law in favor of the appellee.
The judgment is affirmed.