Barnum v. Barnum's Ex'x

Citations

• 83 Va. 365
• 5 S.E. 372
• 1887 Va. LEXIS 80

Syllabus

<p>1. Practice in Chancery—Issues—New trial—Rule.—Where because of conflict of testimony an issue is directed, the solution whereof depends on the weight of evidence, and the verdict is sanctioned by the trial court, the settled rule is that the appellate court will consider not merely whether the evidence warrants the verdict, but also whether upon the whole further investigation is necessary to justice; and it will not grant a new trial if, in considering all the evidence, the verdict seems to be right. Snouffer v. Hansbrough, 79 Va. 166.</p> <p>2. Idem—Case at bar.—A case where the circumstances established by the evidence fully warrants the verdict found on the issues that were directed, in effect that there was fraud in the deed in controversy which was set up by the appellant.</p>