215 Miss. 373 | Miss. | 1952
Bill was filed by appellants to cancel a mineral deed executed to appellee on the ground that the instrument was procured by fraud and misrepresentation. With 'his answer, appellee filed a cross bill praying that his title to the minerals be decreed in him. From a decree dismissing the bill and sustaining the prayer of the cross bill, this appeal is taken.
It is assigned for error that the decree of the chancellor is not supported by the testimony and is manifestly wrong. Although there is frequent contradiction, we must construe the testimony in a light favorable to the appellee and from the record we find that the testi
(Hn 1) We are unable to find any basis for adjudging that the finding of the chancellor was manifestly wrong. We must not be dissuaded by considering the possibility, or even probability, that such mineral conveyances may be thus procured by misrepresentation, especially since it is elementary that proof of fraud must be clear and convincing. See Koenig v. Calcote, 199 Miss. 435, 25 So. 2d 763.
It is also assigned for error that the court excluded certain testimony sought to be adduced by the appellants. In examining the acknowledging officer, the following question was asked: “On other occasions state whether or not, Mr. Murray, in your dealings with Mr. Burrage that-any purchase was ever made of royalty interest from other parties.” This question was ob
Affirmed.