Kepler v. Conkling

Bicknell, C. C.

This action was brought by the appellant against the appellees, upon three promissory notes executed by the defendants to the plaintiff, and a mortgage securing the same. Issues were joined upon complaint, answer and reply. There is no question upon the pleadings.. There-*393was a trial by the court, who, at the request of the plaintiff, under section 341 of the code of 1852, stated the facts and the conclusions of law separately, as follows:

"I find that in 1862 there was a judgment against these defendants in the Wayne Circuit Court, in favor of David Conwell; that in 1862 or 1863…