Foster v. Vickery

Opinion by

LOGSDON, C.

Only one question is presented by this proceeding, which is necessary to determine in order to reach a< conclusion. That question is, Was the decree of the trial court clearly against the weight of the evidence?

This is an equitable action, a jury being empaneled merely to advise the court upon one issue of fact submitted to it by instructions and a single interrogatory. In such a case this court is authorized to consider and weigh the evidence, • and if it finds the decree of the trial court .to be clearly against the weight thereof, to render or cause to be rendered such…