(Download) "Byrum Et Al. v. Wise" by 317. Supreme Court of Indiana No. 27 " Book PDF Kindle ePub Free

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Title: Byrum Et Al. v. Wise
Author : 317. Supreme Court of Indiana No. 27
Release Date : January 05, 1940
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 50 KB

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TREMAIN, J. ON PETITION FOR REHEARING Upon a petition for rehearing the appellees earnestly insist that this court failed to take into consideration special finding No. 23. They say: ""By Finding number 23 the lower Court specifically found as a fact that Charles Burkett and Elmer Conklin have and hold 'a first and prior lien superior to all other liens,' and found as a fact that the Union Trust Company has 'a lien, junior and second to the lien mentioned in A above (Burkett and Conklin lien) but superior to all other liens'."" While the trial court included these statements in its findings of facts, nevertheless, the statements are purely Conclusions of law. Other facts found by the court fully disclose the relations of the parties to the transaction. From the facts found, the court concluded that the parties held liens in the order stated in finding No. 23. Finding No. 23 has no place in the findings. It is well settled that where Conclusions of law are embraced in the findings of fact they will be disregarded and treated as surplusage. City of Evansville v. Maddox (1940), 217 Ind. 39, 25 N.E.2d 321. A Conclusion of law among the facts found has no force. Section 1603, Vol. 2, Watson's Works Practice.