Reference

Full Case Name

Bevin, in Error v. Powell

Cited By

6 cases

Status

Published

Syllabus

1. Appellate Court: practice: review. Appellate courts will review only matters arising upon the record proper, where no motion for a new trial, nor motion in arrest of judgment is filed. 2. Mortgagee, Sanity of: agreement. In an equitable proceeding, it may be immaterial that a mortgagee was not sane at the date of the execution of a mortgage executed instrict pursuance of a specific written agreement entered into by the mortgagee when sane. 3. General Relief, Prayer for: what may be granted. Any relief appropriate to the facts alleged and proved may be granted under a prayer for general relief, whether asked for in an answer setting up affirmative matter-, or in the petition, 4. Equity : rinding or jury. The findings of a jury, upon special issues submitted to it in chancery, are not conclusive upon the chancellor nor upon the appellate court. *