Grossbart v. Gilbert

This is a chancery case. The entire dispute is the amount due from plaintiffs to defendant on a real-estate mortgage indebtedness.' Defendant claims it is $15,000, plus interest, from December 1,1958, at 7 % per annum. The trial court found tbe amount, as of October 25, 1959, to be-$13,201.19. Prom that finding, and decree accordingly, defendant appeals.

This is a prime example of the kind of case which ought not to be here on appeal. The record discloses, from the deposition of defendant himself, admissions of payments on the mortgage indebtedness which support the trial court’s conclusions.…