Leggat

(after stating the facts as above). [1] The findings of fact are all based upon evidence which is conflicting, and which was taken in open court, and they will not be disturbed by this court, in the absence of a showing that in arriving at the same, the court below erroneously applied some rule of evidence or found contrary to the decided weight of the testimony. Moore v. Moore, 121 Fed. 737 , 58 C. C. A. 19 ; Tilghman v. Proctor, 125 U. S. 136 , 8 Sup. Ct. 894, 31 L. Ed. 664 ; Tate v. Holmes, 76 Fed. 664 , 22 C. C. A. 466 .

[2] The evidence was that the appellant and the appellee were jointly interested in some of the mining properties, the appellee’s interests in which were sold on execution; that for many years the appellant had sustained toward the appellee a relation of close personal friendship and business agency; that on the date of the execution sale the appellant attended the sale at the request of the appellee for the purpose of buying in the property for the appellee’s benefit; that the appellant bought the property upon an understanding with the ap-pellee that the title therein was to be held by the appellant as a mortgage for the amount of the appellant’s bid; that…