69 So. 988 | Ala. Ct. App. | 1915
The witness Green testified positively that he executed but one mortgage, that the mortgage he executed was the mortgage under which the appellee acted, and that he did not execute the mortgage upon which the appellant based its rights. The trial court had the witnesses before it, heard them testify, and had the opportunity of observing their conduct and weighing their testimony given ore tenus, under advantages that we cannot have, and although more than one witness contradicted the testimony of the witness Green as to his having, executed the mortgage relied upon by appellant, we are unable to say that the court was not justified in believing his testimony, and, if so, and there is nothing to show to the contrary, then on this review of the finding of the court below we would not be justified in reversing the finding and judgment of that court. See authorities cited at the end of the first paragraph of this opinion.
It is not necessary to consider the other question presented, of the appellant’s being estopped from setting up its claim to the cotton after having recognized appellee’s right and title to it, because, as contended, the appellant by its conduct induced the appellee in reliance thereon to change his position to his prejudice, for whether or not the doctrine of estoppel is applicable to authorize the finding and judgment of the trial court, it is clear to our minds, for the reasons and on the grounds indicated, under the rules of law referred to, that the conclusions of the court below resulting in a judgment for the defendant there should not be disturbed.
Affirmed.