Cox v. Stollenwerck

This court has repeatedly held that, in equity as well as law, when the evidence before the trial court is ore tenus, or partly so, the trial court had the benefit of seeing and hearing the witnesses, and therefore possessed an advantage over this court in weighing and considering the same, and its judgment or decree was like unto the verdict of a jury, and would not be disturbed unless the result was plainly and palpably contrary to the great weight of the evidence. Senior v. State, 205 Ala. 337, 87 So. 592; Fitzpatrick v. Stringer, 200 Ala. 374, 76 So. 932; Ray v. Watkins, 203 Ala. 683, 85…