Benefiel v. Aughe

Bicknell, C. C.

— This was a suit by the appellees for *402partition. Two of the defendants disclaimed. The other two, Benefiel and John C. Fisher, answered separately by general denial. The issues were tried by the court who found for the plaintiffs and rendered an interlocutory judgment that partition be made.

The defendants then made their first motion for a new trial, alleging, as reasons therefor, that “ the finding and decision of the court were not sustained by sufficient evidence, and were contrary to law.” This motion the court overruled and the defendants excepted, but they filed no bill…