Public-domain · open source
OpenJurist

201 Ala. 159

77 So 685

Higdon v. Bradley

Supreme Court of Alabama

Decided January 24, 1918

Supreme Court of Alabama · decided 1918-01-24

<p>Appeal and Error &wkey;1022(l) — Findings op Fact by Register — Review.</p> <p>Findings of fact, on evidence largely ore tenus, in the report of a register, confirmed by the chancellor, have the force of a verdict, and will not he reversed, unless clearly erroneous.</p>

Relies on Pollard v. American Freehold Land Mortgage Co. of London · Roy v. O'Neill

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1918-01-24

How this case has been cited

Cited by 10 later decisions — most recently July 2002

10 state decisions

201918192019301940195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

ANDERSON, C. J.

¶1 This appeal questions the correctness of a decree of the chancery court in confirming the report of the register, and necessarily involves the correctness of the report of the register upon reference had before him, and upon which much of the evidence was ore tenus.

¶2 On an appeal from a decree in chancery, confirming the report of the register on questions of fact, as made by him upon evidence which is largely oral, all reasonable presumption will be indulged in favor of the register’s decision upon the questions of fact; and the appellate court will not reverse a decree confirming said report, unless clearly satisfied that the register’s conclusion was erroneous. In such case, the register’s decision upon the facts has the force and effect of the verdict of a jury, and a decree confirming it will not he reversed, unless the facts would require the trial 'court to grant a motion to set aside the verdict of the jury and to have a new trial. Pollard v. American Mortgage Co., 139 Ala. 183, 35 South. 767; Roy v. O’Neill, 168 Ala. 361, 52 South. 946, and cases cited.

¶3 The decree of the chancery court ■ is affirmed.

¶4 Affirmed.

MAYFIELD, SOMERVILLE, and THOMAS, JJ., concur.
/201/ala/159 · .json · Public domain