Congdon v. Bailey

By the Court.

Action to compel an accounting, and to have the-plaintiffs adjudged the owners of a one-third interest in certain notes, and the mortgage securing the same. The dispute arises out of a real-estate transaction; the issues made by the pleadings being very simple, and entirely of fact. A special verdict was rendered by the jury, and upon their findings defendant was entitled to judgments Upon motion of plaintiffs, this special verdict was vacated, set aside,, and a new trial ordered, from which determination defendant appeals. It is quite evident, although not precisely so stated,…