172 Mass. 183 | Mass. | 1898
The justice of the Superior Court found that the deed in question was procured by fraud of the grantee, and
In the present case there was testimony at the trial on which the court could- properly find for the plaintiff.
It would serve no useful purpose to review the evidence. The judge of the Superior Court saw the witnesses, observed their manner of testifying, formed his opinions about them, not merely in regard to their credibility in the ordinary sense, but in the case of the plaintiff and the female defendant in regard to everything in their temperament, experience, and habits of life which would help him in discovering the truth. Seldom is there a case in which the reasons for the rule that weight should be given to the impressions produced by seeing and hearing the witnesses are so strong as in this cáse. From reading the printed testimony a majority of the court is unable to say that the judge who presided at the trial, and had opportunities for ascertaining facts which we cannot have, was wrong in his conclusions.
Decree affirmed.