Fisher v. Sands
Fisher v. Sands
Opinion of the Court
This is an action by appellee for $885.60, claimed to have been expended by him to pay off and discharge a certain lien on land conveyed, with covenants of warranty, to him by appellant. The cause was heard, without a jury, and judgment rendered in favor of appellee for $1,003.65, principal and interest. Appellant filed a cross-action against D. W. Kinney, his grantor, but judgment was rendered in favor of Kinney.
The evidence showed that appellee paid $885.60 to the Driscoll estate to satisfy and discharge a vendor’s lien on the east half of farm lot 54, out of the Driscoll pastures which had been sold by Driscoll to Geo. H. Paul and by mesne conveyances to appellant, who warranted the title to appellee.
*270 First. “The court erred in rendering judgment herein, because the evidence is insufficient to support same.” Second. “The court erred in rendering judgment against the defendant, H. G. Fisher, because there was no evidence introduced on the trial of the cause to support the judgment of the court.”
The assignments of error are too general and indefinite for consideration, but we have examined the statement of facts, and find the evidence sufficient to sustain the conclusions of fact of the trial judge, to which no objection was urged in the lower court, nor is any urged here. The testimony of Sands, which was uneontradieted, showed that he paid $885.60 to the Driscoll estate to satisfy a vendor’s lien on the land, the title to which was warranted by appellant to appellee. Appellee had been sued by Driscoll.
The trial judge filed his conclusions of fact and law, and no objection has been made ,to them in this or the lower court. They are sustained by the evidence.
The judgment is affirmed.
other oases see same topic and I^Y-NUMBBR in ail Key-Numbered Digests and Indexes
Case-law data current through December 31, 2025. Source: CourtListener bulk data.