Oregon Supreme Court December 15, 1877 (Miles v. Miles)

By the Court, Watson, J.:

This suit comes to this court for trial anew on the pleadings and evidence forming part of the transcript. The decree of the court below sustains the mortgage in favor of defendant Girard; and as neither party appeals from that part of the decree, it need not be considered by us in this opinion. The first and most important question in this ease, upon the.