Cooper v. Rowe

The bill in this case seeks the cancellation of a sale of certain growing timber by the appellee to the appellant because of the alleged fraud or misrepresentation by her agent in making the sale. The evidence in this case was largely ore tenus, and the conclusion of the trial court, who saw and heard the witnesses, is like unto the verdict of a jury, and will not be disturbed by this court upon appeal unless not supported by any phase of the evidence or unless contrary to the great weight of the evidence. Senoir v. State, 205 Ala. 337, 87 South. 592; Ray v. Watkins, 203 Ala. 683, 85 South.…