Healy v. Seward

The opinion of the court was delivered by

Stiles, J.

This was an equitable action, and the respondent moves to dismiss the appeal upon a number of *320grounds, none of which we find to be sufficient. We shall notice but one or two of them. The court below found in favor of the appellant as to the undivided one-eighth of the land in controversy, and against him as to the other seven-eighths. The appeal was taken only from that part of the judgment which w’as against the appellant, and the respondent finds fault with his so doing. This is exactly what the law contemplates a party may and should do in…