Pleading—Amendment to Answer.—The court may properly refuse leave to file an amended answer which does not present any new issue, or any defense to the action not embraced in the original answer.

New Trial—Single Issue.—A party may move for a new trial upon a single issue, and if the motion be made for a new trial of the entire action, the court may grant it in part and deny in part, leaving its former determination upon a portion of the issues to remain; and where an order limiting the scope of a new trial is affirmed, its correctness in the individual case is established.

Id.—Enforcement of Trust—Issue as to Valuable Consideration— Ownership—Conclusion of Law—Construction of Order.—In an action to enforce a trust, where a new trial was ordered as to the issue whether a valuable consideration was paid for certain property conveyed by deed to one of the defendants, and whether he was the owner thereof, this latter phrase is not to he regarded as an additional issue of fact to be tried anew by the court, but is used by the court as an equivalent of the conclusion of law to be drawn from the finding of fact on the issue of payment of a valuable consideration.

Id.—Irrelevant Evidence—Adverse Possession.—Evidence offered upon the trial of such issue not relevant to the issue of payment of.a valuable consideration, and not tending to establish any ownership in the defendant, and an offer to prove title in him by adverse possession of the property, which was found against him upon the first trial, is properly excluded.

Id.—Admission of Trust.—Testimony that the defendant had admitted that he held the property in trust is properly received, as tending to show that he did not pay a valuable consideration for it.

Id.—Findings—Repetition.—After trial upon the issue of valuable consideration for which the new trial had been granted, the court in making its finding thereon may properly set forth the proceedings upon the former trial, and the subsequent order of the court granting ,a new trial, and to the findings that had been made upon the former trial, as modified by the order, add its own finding upon the issue tried by it.

Id.—Finding Upon Single Issue.—If the court had found only upon the single issue upon which the new trial was granted, the conclusion of law to be drawn and the judgment to be entered in the case would not depend upon such finding alone, but would find their support in the entire record, including the findings upon the former trial which were not set aside.

Id.—Support of Findings by Evidence—Adoption of Former Findings. Where the other findings are repeated upon the new trial, the objection that they were not supported by any evidence given at the last trial is not tenable, -where the court expressly states, that it adopts the facts found from the testimony introduced in the action at the former trial, as findings of fact, so fardas the same are applicable to the property involved in the new trial.