173 So. 41 | Ala. | 1937
Generally speaking, the finding of the judge of probate, on evidence ore tenus, is like the verdict of a jury and will not be disturbed upon a review of that tribunal, except for grounds which would warrant the setting aside of a verdict of a jury. *638
Rogers v. McLeskey,
After a careful consideration of all the evidence and giving due weight to be awarded the conclusion of the trial court, we think the weight of the legal evidence supported the valuation of the homestead as fixed by the commission and that the exceptors did not meet the burden cast on them of showing that it was wrong by clear and convincing evidence.
The trial court erred in sustaining the exceptions to the report of the commission, and the decree of the probate court is reversed, and one is here rendered overruling the exceptions, and the case is remanded for such further orders as may be necessary to confirm the appellant's right and title to the homestead.
Reversed, rendered, and remanded.
GARDNER, BOULDIN, and FOSTER, JJ., concur.