Tatum Bros. Real Estate & Investment Co. v. Osborn

• Citation: 83 So. 703,79 Fla. 130
• Parties: TATUM BROS. REAL ESTATE & INVESTMENT CO. v. OSBORN et al.
• Decision Date: 05 February 1920
• Court: United States State Supreme Court of Florida

83 So. 703

79 Fla. 130

TATUM BROS. REAL ESTATE & INVESTMENT CO. v. OSBORN et al.

Florida Supreme Court

February 5, 1920

Appeal from Circuit Court, Dade County; H. Pierre Branning, Judge.

Suit by the Tatum Bros. Real Estate & Investment Company against Frank Osborn and others. Decree for defendants, and plaintiff appeals. Affirmed.

Syllabus by the Court

SYLLABUS

The findings and conclusions of a chancellor, while not entitled to the weight of the verdict of a petit jury when the chancellor does not hear the witnesses ore tenus, yet they will not be disturbed by an appellate court unless the appellant, assuming the burden cast upon him, makes it clearly to appear that such findings and conclusions are erroneous.

COUNSEL Shutts, Smith & Bowen, of Miami, for appellant.

Hudson, Wolfe & Cason, of Miami, for appellees.

OPINION

HORNE, Circuit Judge.

In this case there is an issue of fact, and, as is usual, there is a conflict in the evidence. The chancellor found for the defendants, and his finding not being clearly erroneous, should not be disturbed. Sheppard v. Crowley, 61 Fla. 735, 55 So. 841; Robinson Point Lumber Co. v. Johnson, 63 Fla. 562, 58 So. 841; Millinor v. Thornhill, 63 Fla. 531, 58 So. 34; Dixie Naval Stores Co. v. German-American Lumber Co., 79 So. 836.

The decree is affirmed at the cost of appellant.

PER CURIAM.

The record in this cause having been considered by this court, and the foregoing opinion prepared under chapter 7837, Acts of 1919, adopted by the court as its opinion, it is considered, ordered, and adjudged by the court that the decree herein be, and the same is hereby, affirmed.

BROWNE, C.J., and TAYLOR, WHITFIELD, ELLIS, and WEST, JJ., concur.