Bryan

This is an action of ejectment brought against various defendants, each defendant being in possession and claiming separate portions of the tract of land described in the complaint. Defendants answered separately, denying plaintiff’s claims, and, as affirmative defenses and by way of cross-complaint, set out equitable titles, and asked for specific performance. *37 The trial court found against the claims of plaintiff and decreed specific performance. Plaintiff appealed from the judgment, and álso moved for a new trial upon various grounds, which motion was granted by the court in part and denied in part. The court, after declaring that in its opinion certain findings of fact, enumerating them seriatim, were not supported by the evidence, made the following order: “ It is ordered that a new trial be and the same is hereby granted as to the issue of fact involved in the said proceedings, the evidence at said new trial to be directed solely to the issues of fact therein involved.” And thereupon denied the new trial upon all other grounds. This appeal is by plaintiff from the order, upon the ground that a new trial should have been granted as to the entire action.

Appellant insists…