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The complaint alleges that the plaintiff and defendant are owners in common of two horses, named respectively “Midas” and “Sport McAllister”; that said horses are in the possession of defendant; that she is excluded from the use and possession of the horses; and praying for a decree of partition, that a sale of the horses be ordered, and for an accounting.

The defendant denies that the plaintiff has any interest in the horses, and claims to be the sole owner of them by virtue of a sale to him by the husband of the plaintiff, one Dow Williams.

The decree granted the prayer for a sale and partition, but denied the accounting; and defendant appeals from the judgment and also from an order denying a new trial.

Appellant specifies many particulars in which he insists the evidence does not justify the findings. The evidence, however, is sharply conflicting in most material particulars.

The facts may be briefly stated as follows: Dow Williams, the husband of the plaintiff, and one Manuel Morris jointly purchased the horse “Midas.” In the early part of 1895 Morris sold his interest in the horse “Midas” to the plaintiff, and executed a bill of sale to her. Appellant contends that the…