Chastain v. . Coward

FaiRCloth, J. The principal fact controverted in this ■case was the payment of the balance of the purchase money for the land. That turned on the inquiry whether the assignment of the proceeds of a judgment, referred to in the •case, was in full satisfaction of said balance. By consent ■of parties all issues were referred to His Honor, and his finding of fact was in the affirmative. Upon his finding of facts the judgment of the Court was that the plaintiff make title by a deed of conveyance to the defendant. No exceptions to the admission of evidence, nor to the conduct of the trial below, were made, and w-e see none that could be made here, and the judgment was proper according to the facts found. If the allegation of the plaintiff had been sustained by the finding of the facts in regard to the assignment of the proceeds of the judgment, then he would have been declared to hold the land purchased under said judgment, in trust for the defendant. This position he disclaims, :and insists that the land purchased belongs to him, which is not denied by the defendant. As no judgment was rendered on the counter claim below, we do not consider it.. Uet final judgment be entered here. No Error. Affirmed.