Ex Parte State Ex Rel. Grace

The proceedings before the chancellor presented an issue of fact upon which the evidence, heard orally before the court, was in sharp conflict. As to whether or not, under these circumstances, the ruling corresponds with the opinion of the appellate court as to the weight of the evidence, is not the question of controlling importance, for due consideration is to be given the advantage the chancellor has enjoyed of seeing and hearing the witnesses testify and observing their demeanor upon the stand. Cobb v. Malone, 92 Ala. 630, 9 So. 738. The well-established rule therefore by which this court…