McDonald v. Smith

In this case, tried by the court without a jury, judgment was given for defendants, dismissing the action on the merits; plaintiff appeals from the judgment and an order denying a new trial. The only question argued is the insufficiency of the evidence to justify the judgment, appellant contending that upon the evidence, findings and judgment should have been in his favor.

Smith & Douglas, a partnership composed of George Smith and A. B. Douglas, sold a ranch in Hyde county to F. C. Hartshorn, of Clarion, Iowa. On parts of this land were mortgages to O. L. Branson & Co., bankers of Mitchell,…