Monnette
Monnette v. Title Insurance & Trust Co.
Opinion
Lead Opinion
Parker, J.
This is an action to recover possession of and quiet the title to certain Liberty bonds aggregating in value the sum of $94,000.00.
In the court below judgment went for the plaintiff and the defendant appeals.
The plaintiff is the surviving husband of Ethel M. Monnette and the defendant Trust Company is the executor of the last will and testament of the said Ethel Monnette. At the opening of the trial it was agreed that the only question to be decided was as to the ownership of the bonds in dispute. The appeal is presented upon a bill of exceptions and the appellant urges three grounds for a reversal. It contends that the evidence is insufficient to sustain or support the judgment and that the court below erred in its rulings on the rejection of certain testimony offered. In addition, it is strenuously contended that the trial court’s action in denying appellant’s motion for a new trial was prejudicial and erroneous to an extent demanding that the case be sent back. The greater part of the argument is directed to the first contention, though the other grounds are as insistently urged.
We are not asked to again determine any conflict in the evidence; indeed, there is little…