Benson v. Rosebaugh

The opinion of the court was delivered by

Harvey, J.:

In this action, tried to a referee, a deed was held to be a conveyance of real property rather than an equitable mortgage, and defendants have appealed. No motion for a new trial was filed, as provided by R. S. 60-3001. This limits our view of the record to the question whether the judgment is supported by the pleadings and the findings of fact. The evidence cannot be considered. (Perkins v. Accident Association, 96 Kan. 553, 152 Pac. 786; Doty v. Shepard, 98 Kan. 309, 311, 158 Pac. 1; Printing Co. v. Paper Co., 115 Kan. 735, 736, 224 Pac.…