Charles E. Gibson Co. v. Elze

I concur in the reversal of the judgment for the reason that Mrs. West so commingled her own money with that belonging to the mortgagors that it was impossible for the trial court to- determine, from the evidence, what part of the money used by her to purchase the property at the- tax sale was her own money and what part, was theirs. There was no basis, therefore-, for that part of the decree providing for the- reimbursement to which Mrs. West would have been entitled had the amount of her own money so used been capable of definite ascertainment.

One part of paragraph 2 of the majority opinion…