Opinion

Turnipseed Et Ux. v. Brown

  • 102 Fla. 542
  • 136 So. 343
Court
Supreme Court of Florida
Filed
Jul 27, 1931
Status
Published
Author
Bueord
On the bench
Bueord, Ellis, Brown, Whiteield, Terrell, Davis
Cited by
4 cases
Authority
More cited than 70.6%

The opinion

Bueord, C. J.

— Appellee filed bill to reform a deed to con

*543

form to the intention of the parties at the time the deed was made, so as to exclude certain lands which appeared to have been included in the deed by mistake.

Answer was filed by the appellant.

The Bill and answer clearly presented issues of fact.

Testimony was taken before the chancellor and the decree from which appeal is taken was in favor of the complainant below.

There is ample substantial evidence disclosed by the transcript of the record to support the decree.

"Questions of fact only are presented by the assignments of error. There is ample evidence to sustain the decree, and the case is well within the familiar principle that the findings of the chancellor on the facts will not be disturbed by an appellate court unless such findings are clearly shown to be erroneous.”

Weaver Loughridge Lbr. Co. vs. Kirkland et ux. 99 Fla. 426 , 131 Sou. 784 ; Carr vs. Lesley, 73 Fla. 233 , 74 Sou. 207 ; Cobb vs. Cobb, 82 Fla. 287 , 89 Sou. 869 ; Heinisch et ux. vs. Mills et al., 100 Fla. 967 , 132 Sou. 109 .

The decree should be affirmed and it is so ordered.

Affirmed.

Ellis and Brown, J.J., concur.

Whiteield, P.J., and Terrell and Davis, J.J., concur in ■the opinion and judgment.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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