Preston v. Preston

We will first consider defendant’s appeal from the action of the Superior Court in setting aside the trust deed. The reason of appeal last summarized in the statement of facts, to the effect that the trial court erred in supplying, by its own conclusions from subordinate facts found in the report of the referee, certain ultimate facts, cannot be entertained by us. These conclusions are discovered by defendant’s counsel in the memorandum of decision filed by the trial judge. This memorandum is not a finding of facts. There is no finding of facts in the record, of which it has been made a part.…