Proctor v. Cole

This was an action by the appellee to foreclose a mortgage against the appellants. The only questions in the case arise upon exception to the refusal of the court to grant a new trial, and upon exceptions to the conclusions of law upon the special finding of facts.

The following special finding of the facts in the cause was made by the court: '

“ The parties to this cause having requested that the facts proven in the trial thereof be found specially by the court, I find that the following facts were proven on the trial:

“1. On the 31st of January, 1880, the defendant, William Proctor, executed a…