Opinion
No. 32709
Decided March 19, 1952.
Appeal — On questions of law and fact — Same conclusion reached by both trial and appellate courts — Judgment based on facts not disturbed by Supreme Court.
APPEAL from the Court of Appeals for Cuyahoga county.
This cause originated in the Court of Common Pleas of Cuyahoga County as an action to set aside two deeds, for an accounting, to partition real property, and for such other relief as is equitable and proper. The trial resulted in a judgment for the defendants.
On appeal to the Court of Appeals on questions of law and fact, the case was submitted on the transcript of the evidence taken in the Court of Common Pleas and the original papers and pleadings filed in that court, it having been stipulated by the parties that no other evidence was to be offered. The Court of Appeals found for the defendants, dismissed the petition, rendered judgment against the plaintiff for costs, and ordered the cause remanded to the Court of Common Pleas for execution. Thereafter an application by plaintiff for a separate finding of fact and conclusions of law was filed and overruled.
The allowance of a motion to certify the record brings the cause to this court for review.
Mr. David J. Miller and Mr. Paul S. Knight, for appellant.
Messrs. Deibel, Elbrecht Roberts and Messrs. Arter, Hadden, Wykoff Van Duzer, for appellees.
Plaintiff has waived the assignment of error that the Court of Appeals erred in denying the application for a separate finding of fact and conclusions of law. The other question presented by this appeal is whether the deeds in question are valid and binding conveyances as against plaintiff. Both lower courts, after a consideration of all the evidence, rendered judgment for the defendants. The record in the case does not warrant this court disturbing that judgment based on facts passed on by both lower courts.
The judgment is affirmed.
Judgment affirmed.
WEYGANDT, C.J., ZIMMERMAN, STEWART, MIDDLETON, MATTHIAS and HART, JJ., concur.