October 10, 2012

Wiggins, et al. v. Brown, Laurel, 1910

Previously:


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WIGGINS et al. v. BROWN.

COURT OF APPEALS OF KENTUCKY

124 S.W. 843; 1910 Ky. LEXIS 685

February 10, 1910, Decided

PRIOR HISTORY:  [**1] 
Appeal from Circuit Court, Laurel County.

Action between Jack Wiggins and another and W. L. Brown. From a judgment for the latter, the former appeal.

DISPOSITION: Affirmed.

COUNSEL: D. K. Rawlings, for appellants.

Geo. G. Brock, for appellee.

JUDGES: LASSING, J.

OPINION BY: LASSING

OPINION
 [*843]  LASSING, J. The question involved in this appeal is one purely of fact. The evidence is so conflicting that the case is made to turn upon the weight that is given the testimony of the litigants themselves. The chancellor, doubtless familiar with the parties, has decided in favor of appellee; and under the oft-repeated rule applied in cases of this character, giving to his opinion some weight, the judgment is affirmed.

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