Marcum v. Brock

CLAY, Commissiofier.

This suit was brought for a declaration of rights by appellees. Testimony was heard in open court before the Chancellor and he entered a judgment in their favor. Appellants failed to make the testimony a part of the record, and it is not before us., Under such circumstances we must presume the, evidence supported the Chancellor’s finding on all issues of fact and the only question presented is whether or not the pleadings support the judgment. Moran v. Moran, 281 Ky. 739, 137 S.W.2d 418, and Sapp v. Likens, 301 Ky. 445, 192 S.W.2d 394.

Appellees’ petition alleged that they…