Wilcox v. Cloward

I am unable to agree with that part of the prevailing opinion wherein the finding and judgment of the trial court disallowing the homestead claim of Cora Cloward is affirmed. Cora Cloward pleaded her homestead right and offered evidence in support of the right. In the prevailing opinion it is said:

“In an equity case it has been the rule of this court not to disturb a finding of the lower court on contested or conflicting evidence unless the evidence clearly preponderates against the conclusion or finding.”

If by “contested” evidence the same thing is meant as conflicting evidence, I agree with…