McGranighan v. McGranighan
McGranighan v. McGranighan
Opinion of the Court
We are not convinced that the learned court below erred in any of its findings of fact referred to in the second specification, or in its omission to find as complained of in the third and fourth specifications. It is not our purpose, nor is it necessary, to discuss here the evidence on which the court below based its findings. It is sufficient to say, there was testimony to justify them. So far as they are relevant they must therefore be accepted as true; and, on the facts thus established, we are not satisfied there was any error either in the conclusion complained of in the fifth specification or in the decree recited in the first specification.
Finding nothing in the record to justify us in sustaining either of the specifications of error, they are all overruled, the ■ decree affirmed and appeal dismissed at appellants’ costs.
Reference
- Full Case Name
- Daniel McGranighan, Hugh McGranighan, Julia McGranighan, Widow of Charles McGranighan, and Annie McGranighan, Minor Children of said Charles McGranighan, by their next Friend and Mother, Julia McGranighan v. James F. McGranighan, Michael S. McGranighan, Patrick McGranighan and John McGranighan
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- Tenants in common — Mutual duties of — Purchase at sheriff's sale. Where a tenant in common with the acquiescence of his cotenants buys the joint estate at a sheriff’s sale in his own name, he will be adjudged to hold it as trustee for all the joint tenants, if it appears that he paid for the property out of the proceeds of a mortgage upon the property itself, and that he failed to suggest to his cotenants, who were very poor and inexperienced in business, this method of saving the property in the interest of all, but, on the contrary, gives them to understand that only those having money could buy.