April 10, 1929. The opinion of the Court was delivered by
MR. JUSTICE BLEASE.Page 60
This is a cause in equity, and it is incumbent upon the appellant to convince the Court that the Circuit Judge was in error in the conclusions reached by him as to the facts. We have not been so convinced. The cause depends entirely upon the facts, as there is no error of law. The decree of the Circuit Judge, Hon. T.S. Sease, will be reported, and it is affirmed.
MR. CHIEF JUSTICE WATTS and MR. JUSTICE COTHRAN concur.
MR. JUSTICE STABLER (dissenting):
After a careful study of the case, I am convinced that the judgment of this Court should be in accordance with the conclusions of the Special Referee. Let his report be incorporated in the report of the case.
MR. JUSTICE CARTER concurs.