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32 Or. 594

Spalding v. Brown

Oregon Supreme Court

Decided August 2, 1897

Oregon Supreme Court · decided 1897-08-02

From Multnomah: Loyal B. Stearns, Judge. Per Curiam. This is a suit by A. G. Spalding & Brothers, a corporation, against Sherman D. Brown and John F. King and wife, to set aside two bills of sale and a chattel mortgage of certain personal property, and to enjoin King and wife from maintaining an action to recover the possession of the same or damages for its detention.

Appirmed · Decided 1897-08-02

Per Curiam.

¶1The question presented for consideration by this appeal is one of fact, and inasmuch as there exists in the record an irreconcilable conflict in the testimony submitted at the trial, it is impossible for this court to determine the weight of it with any greater degree of certainty than did the trial judge who saw and heard the witnesses, noted their manner, tone and bearing while on the stand, and having reached the conclusion that King loaned to Brown the sum of $1,000 in the manner and under the circumstances indicated, we are not prepared to say, after a careful examination of the record, that this finding is not supported by the evidence, and hence it follows that the decree must be affirmed^ and it is so ordered.

¶2Appirmed.

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