Shepard

Plaintiff and defendant entered into a partnership for the purpose of raising and selling pigeons. After approximately a year of partnership business a dissolution was had. About two years thereafter plaintiff began this suit for an accounting and settlement. -The complaint alleged that the property of the partnership consisted of certain real and personal property; that there had been a dissolution of the partnership, but that no accounting had been had. Defendant’s answer admitted the dissolution, denying there had been no accounting, and denied the ownership by the partnership of said real property. Defendant, by way of special defense, set up certain new matter which will be referred to later herein. Defendant also filed a cross-complaint to quiet title to the real property. Plaintiff, ex industria, filed an answer not only to the cross-complaint, but to the special defense. Defendant had judgment on the complaint and answer, and on his cross-complaint obtained a decree quieting title as prayed. Plaintiff appeals.

Appellant urges many points for reversal of the judgment. Seven of these alleged that the evidence was insufficient to support the findings. After a thorough study…