173 So. 303 | Miss. | 1937
Appellee filed his bill against appellant to remove as a cloud upon appellee's title a claim held by appellant to the following described lot of land:
"Beginning 110 yards East and 294 yards South of the Northwest corner of the Southeast quarter (S.E. 1/4) of the Northeast quarter (N.E. 1/4) of Section 23, Township 1, Range 13 East, running thence 70 yards along the Vossburg and Shubuta public road, thence South 70 yards, thence West 70 yards, thence North along the Vossburg and Stafford Springs road 70 yards to place of beginning."
The point principally relied upon, so far as the actual record before us is concerned, is that the above description is void for uncertainty, and the cases, Calvert v. Mathers,
The other points involved in the record are either of those involving the exercise of the chancellor's discretion or of his findings upon the facts. He is not shown to have abused his discretion; nor is it made to appear that his findings were manifestly contrary to the evidence as disclosed by the court reporter's transcript.
What the hope of reversal seems mainly to rest upon is an elaborate recital of many additional facts which do not appear in the record of the evidence at all, but are shown in no other way than by the briefs of appellant. Had those additional facts been proved before the chancellor, his decree might, and probably would, have been different. But they were not placed before him by proof, and hence are not before us in any such way that we may act upon them. See Alexander v. Hancock,
Affirmed. *434