Bennett v. Welch

This is an old chancery cause, and was decided by this Court at a former term. Subsequently, a rehearing was granted, the cause again submitted, and again have we examined it with a like result as before. We would gladly have affirmed the judgment below, and ended litigation in the cause, but have not been able to do it.

As we have said, this is an old chancery cause. Such causes must be decided in the appellate Court upon the weight of evidence.

Hence, in such causes the evidence must all be placed in the record.

Hence, the evidence is taken by way of depositions, and not orally; which…