Chapman v. Greene

Citations

• 18 S.D. 505
• 101 N.W. 351
• 1904 S.D. LEXIS 89

Syllabus

<p>1. The specifications in a bill of exceptions are sufficient, though the particular findings alleged to be unsupported by the evidence are not pointed out, where appellant proposed findings of fact in which the whole theory of the case was presented and then stated wherein the evidence was insufficient to support the findings, setting out the evidence.</p> <p>2. The evidence in an action of claim and delivery for cattle claimed under a mortgage held to show that the mortgagor had such title and interest in the property, as owner, as authorized him to execute the mortgage, and render it valid against the estate of his deceased partner.</p> <p>3. It is error, in an action of claim and delivery, to admit in evidence a judgment record against plaintiff, who was not a party to the judgment, and which did not form a link in defendant’s chain of title.</p> <p>4. It is reversible error to admit improper evidence, which, if propqr,would be conclusive against the party objecting thereto, though the cause is tried by the court without a'jury.</p>