remained for approximately four years. During this time the school had their milk and increase.
When the cattle were purchased, it was unquestionably the intention of Dr. McKee that the institute should ultimately acquire them.No formal bill of sale was ever executed, and the school never had funds sufficient to pay for them. Dr. McKee contends that the ownership in the cattle always remained in him, while the trustee asserts that the ownership was in the institute, and that Dr. McKee has the status of a creditor for the amount of the purchase price.
The position of a referee in passing upon disputed questions of fact is analogous to that of a special master appointed to take testimony and report his conclusions. His findings are not to be disturbed unless unsupported by evidence or plainly wrong. An examination of the notes of evidence produced before the referee in the present matter discloses testimony sufficient to form a basis for his finding. This being so, we cannot consistently reverse the order, even though we might have reached a contrary opinion had the testimony been presented to us in the first place.
The order of the referee will be sustained.
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