Gasser v. Spalding

Action for partition commenced in 1912 and tried and submitted to Honorable Josiab D. Ensign, then one of the judges of the Eleventh judicial district, in 1913. No findings of fact and conclusions of law were ever made, but the record evidences an informal oral decision. In 1919 plaintiff’s attorneys submitted to the judge proposed findings of fact and conclusions of law which, insofar as they called for a sale of the property and a division of the proceeds, are said to have been out of harmony with the announced position of the court.

After the retirement of Judge Ensign on January 3, 1922,…