Page:United States Reports, Volume 209.djvu/456

 OCTOBER TERM 1907. Oilnion o! the Court. 209 U.S. The court cited casas, and continued (p. 238): "It is only when such exigencies exist as necessitate or render appropriate such or similar action that the right can be exercised." And it was observed that while there was no special finding of fact "in that regard by the trial court, yet this feature must nee- eesarily have been cousidcred, .in the light of the evidence introduced at the trial, and the judgment based thereon." The court further said that it found "ample authority in the record for that action" and, following the rule "often reiterated," the court further said, "it must hold that where the record contaius some evidence to support the finding of the trial court," the.judgment will not be disturbed. The ruling sustaining the power of the Shawnee Company to execute the lease is attacked by appellees, but we do not find it necessary to express an opinion upon it, on account of the view we entertain of the second proposition. In passing On the second proposition the Supreme Court decided adversely to the view taken by the trial court. The court therefore must either have considered that there was not some evidence supporting the conclusions of fact of the trial court or must have deemed the principles of law which the trial court upheld were not sustained by its conclusion of fact. As our review, in the nature of things, is confined to deter- mining whether the court below erred, it follows that our re- viewing power under the circumstances is coincident with the authority to review possessed by the court below, and the re- fore we are confined, as was the court below, to determining whether there was some evidence supporting the findings and whether the facts found were adequate to sustain the legal conclusions. Southern Pine Lumber Co. v. Ward r 208 U.S. 126. The court, in its opinion, gives a stlmmgry of the pleadings and states the salient points of the lease to be that it conveys all of the property of the Shawnee Company to the Gulf Com- pany, that the Shawnee Company covenants that it will not "directly. or indirectly engage in the compressing of cotton

�