Cann v. Cann's Heirs

Dent, Judge:

This case was in this Court before (10 W. Va. 138, 20 S. E. 910),on an appeal from a decree sustaining an exception to a commissioner’s report and dismissing the bill. This time it comes here on an appeal from a decree of the circuit court overruling exceptions to a commissioner’s report, and confirming the same, — two entirely different conditions, governed by .different principles of law. “Every presumption is made in favor of the correctness of the decision of the commissioner in chancery. If the testimony is conflicting, the court rarely interferes with his finding on the…