Crofford
Crofford v. Crofford
Opinion
Lead Opinion
Conrey, J.
This is an action wherein the plaintiff demanded judgment for possession of an automobile, or the value thereof in case delivery could not be had. She appeals from the judgment against her, and from an order denying her motion for a new trial.
Under her specifications of insufficiency of the evidence to justify the decision, appellant’s claim goes only to the point that the weight of evidence is in favor of the proposition that plaintiff acquired the automobile by gift from her husband, Dr. Thomas J. Crofford, and that since the time of such gift she has been the owner and entitled to possession thereof. The said Dr. Thomas J. Crofford is now deceased, and the defendant is administrator with the will annexed of his estate, and as such administrator was by the court found to be in possession, and entitled to the possession, of said property. There is a sharp conflict in the evidence, but there is .evidence of a substantial nature tending to support the finding of the court. The argument on behalf of appellant is based upon the notion, refuted in almost every volume of the reports, that the weight of conflicting evidence will be considered on appeal from an order granting or…