Mitchum v. Mitchum

The opinion of the Court was delivered by

Mr. Justice Bonham.

On first view of this appeal, the writer of this opinion was inclined to think that the decree of the Circuit Court should be affirmed. A close study of the law pertinent to the issues and a more thorough analysis of the evidence have led him to the opposite conclusion. It is a suit in equity. It was referred to a Special Referee to hear and determine all the issues of law and of fact. He reported in favor of the plaintiffs, who are the appellants here. On hearing exceptions to that report, the Circuit Judge reversed the findings of…