120 Mass. 408 | Mass. | 1876
As, by the consent of the parties, this case was '•ried by the court without a jury, the rulings of the presiding judge upon matters of law only are open to examination in this court; but Ms findings upon matters of fact are conclusive, and cannot be here revised. It appears from the bill of exceptions that the conveyance of the lot of land from tMs demandant to Sarah O. Adams, and her mortgage deed of the same to him for what appears to have been about nine tenths of the purchase money, both occurred on the same day, and were acknowledged and recorded on the same day. This fact is an indication that the two instruments really constituted but one transaction; and the presiding judge may be supposed to have found that (as against the mortgagee) they gave to Mrs. Adams only an instan