Cann v. Hughes

<p>Abstract of the Decision.</p> <p>1. Appeal and error, § 1303*—when evidence presumed sufficient to sustain finding. In the absence of a certificate of evidence, every intendment is to be indulged necessary to sustain the ultimate fact found in a decree, and in such case it will be presumed, as matter of law, that the evidence is sufficient to sustain such finding.</p> <p>2. Equity, § 549*—what decree need not recite. It is not necessary to recite evidential facts in a decree, it being sufficient if the ultimate fact found from the evidence is recited.</p> <p>3. Partition, § 54*—when award in eminent domain proceeding not challenged by hill. Where during the pendency of partition proceedings, in which the validity of a tax title on the property in question is attacked, a proceeding is commenced which results in the taking of such property by eminent domain, in which an order is made setting apart a sum to be paid to the owner of the tax title, a cross-bill filed after the termination of the condemnation proceedings to secure a distribution of the sum set apart by the order admits the propriety of the order where such cross-bill does not challenge such propriety.</p> <p>4. Partition, § 53*—when party estopped to dispute right of court to determine who is entitled to fund. Where, during the pendency of partition proceedings in which the validity of a tax title on the property is attacked, a proceeding is commenced which results in the taking of such property by eminent domain and in which an order is made setting apart a sum to be paid to the owner of the tax title, a cross-bill filed after the termination of the condemnation proceedings to secure a distribution of the sum set apart by the order, partakes of the nature of a bill of interpleader, in which the only question is to whom the money shall be paid, and complainant in the cross-bill is estopped to dispute the right of the court to determine such question.</p> <p>5. Partition, § 15*—what is character of proceeds of sale in eminent domain proceedings. Where, during the pendency of partition proceedings, the property sought to be partitioned is taken by condemnation proceedings, the money awarded stands in the place of the land.</p>