McFarland v. Christoff

*419Royse, C. J.

Appellant brought this action against appellees on a promissory note and to foreclose a mortgage given to secure the payment thereof. Pursuant to proper request, the trial court found the facts specially and stated as its conclusion of law thereon “that the law is with the defendants herein.” Judgment accordingly. The error assigned here is the overruling of appellant’s motion for a new trial and that the trial court erred in its conclusion of law.

The findings of fact may be summarized as follows: On January 20, 1943 appellees were the owners of certain described real estate in…