36 S.E. 525 | Va. | 1900
delivered the opinion of the court.
This case is before us upon a petition to rehear a decree of this court rendered at a former term.
The controversy grows out of a brief and unhappy marriage existing between appellant’s testatrix and the appellee, which ended with this suit by the wife, praying for a. divorce a mensa et thoro, and for protection in the possession and enjoyment of her separate estate, consisting of real and personal property owned by her at the time of her marriage. The defendant answered the bill, and the cause was referred to a commissioner for a report upon the matters of dispute between the parties.
The commissioner to whom the cause was referred says,
The record in this case is very unsatisfactory, and in many particulars difficult to comprehend. The evidence of the witnesses is not clear or succinctly stated. After, however, giving the case the best consideration possible, we are unable to say that any injustice has been done the appellant by the decree appealed from. Appellee, with quite as much reason, apparently, as appellant, complains that he is greatly damaged by the action of the circuit court. The commissioner had all of the witnesses before him. He knew at the time they were testifying to what particular item of property the evidence of each was directed, and was therefore in an advantageous position to determine better the value of the evidence. Under such circumstances, special weight should be accorded the commissioner’s findings.
While not satisfied that the conclusions reached are absolutely accurate, we think the circuit court has, as nearly as the case presented will admit, reached substantial justice between the parties to this controversy, and its decree is therefore affirmed.