Merritt v. Temple

— Which in point of time was first delivered, a mortgage securing an indebtedness, or a deed conveying the legal title to the same lands ? This is the real question presented by the record and is decisive of all. It arises under a motion for a new trial upon the ground that certain facts returned in the special finding relating to the delivery of the mortgage are not sustained by sufficient evidence and are contrary to law. This calls for a review of the special finding. A special finding must be construed as a whole, and not in fragmentary parts. Each part must be construed in connection…