160 P. 1166 | Or. | 1916
Lead Opinion
delivered the opinion of the court.
The,remaining assignments attack the sufficiency of the evidence to sustain the findings of the trial court. The evidence is voluminous, and, in some details, conflicting, and the trial court had far better opportunity than we to determine where the truth lay. It is sufficient to say that in our opinion, the weight of the evidence supports each of the findings so made, and they will not he disturbed.
The decree of the lower court is affirmed.
Affirmed. Rehearing Denied.
Rehearing
Denied January 30, 1917.
On Petition for Rehearing.
(162 Pac. 863.)
Appellant’s petition for rehearing denied.
Mr. Turner Oliver, for the petition.
Mr. Jerry P. Bush and Mr. A. W. Schaupp, contra.
In Banc.
delivered the opinion of the court.
A re-examination of the testimony brings us to the conclusion announced in the original opinion: McCully v. Heaverne, ante, p. 650 (160 Pac. 1166). The evidence for the plaintiffs details the circumstances surrounding the survey, explains the setting of the stakes,
The decree was a just one. The petition for a rehearing is denied.
Affirmed. Rehearing Denied.