Bunckley v. Jones

Citations

• 79 Miss. 1

Syllabus

<p>1. Appeal. Supreme Court. StriMng o%it evidence. Estoppel.</p> <p>Tbe presumption of the correctness of a finding of facts by a chancellor may he invoked in the supreme court by an appellee upon whose motion that part of the evidence which was delivered orally in the court below was stricken from the record because not properly certified by a bill of exceptions.</p> <p>2. Same. Balance of record.</p> <p>The decision of the trial court must be affirmed by the supreme court unless error to the prejudice of the appellant be apparent of record excluding therefrom the parts of the transcript stricken out. •</p> <p>3. Evidence. Failure to call witness. Presumption.</p> <p>Where a complainant’s rights are predicated of a deed in respect to which a subscribing witness testified that it was executed, not to complainant, but to his father, who paid the purchase money, and the name of the g'rantee changed from the father’s to the son’s after its delivery, and the complainant could easily have called the father as a witness, but failed to do so, it will be presumed that had the father been called his testimony would have been adverse to complainant.</p> <p>4. Same.</p> <p>If a witness testify that the grantor in a deed on which the complainant’s rights depend stated several years before the date of the deed that he had conveyed the land to complainant’s father and the fact be not denied by complainant or his father, who could easily have testified on the subject, it will be presumed that the statement was true.</p> <p>5. Deed. Description. Ambiguity.</p> <p>A deed purporting- to convey all the grantor’s “title and interest in land in the possession of ” the grantee, “ to wit, my whole and entire interest in and to the land belonging to my father’s estate,” in a designated county and state, conveys no title to land in the-possession of the grantee’s father, or to any land in the absence of explanatory evidence.</p> <p>6. Same. Patent ambiguity.</p> <p>A deed purporting to con