Appeal and Error — Review of Equity Case — Sufficiency of Evidence.
In an appeal to this court from a judgment of the trial court in a case of purely equitable cognizance, where the record discloses competent and material evidence sufficient to make prima facie proof of every fact essential to the existence of the defense of the defendant, on which the judgment is based, and the judgment is not clearly against the weight of evidence, the judgment will not be set aside on the alleged insufficiency of the proof offered.
(Syllabus by Maxey, C.)
Commissioners' Opinion, Division No. 1.
Opinion by MAXEY, C.
We have carefully read the entire testimony in this case and we think the findings of fact by the court are sustained by the testimony. We are not unmindful of the rule that in an equity case, and this is an equity case purely, that this court has a right to review and weigh the evidence, and if the findings of the trial court are against the weight of the evidence, this court may reverse the findings and the judgment of the trial court. But the converse of this rule is equally controlling on this court; that is, if the findings of fact and conclusions of law made by the trial court are not clearly against the weight of the evidence, this court will not disturb the findings of the trial court. This rule is too well established by this court to require the citations of authorities. After a careful reading of the testimony and findings of fact by the court, we are of the opinion that the judgment in this case is sustained by the weight of the evidence, and controlled by the case of Perry v. Shaver, 101 Okla. 248, 225 P. 359. The judgment of the trial court is, therefore, affirmed.
By the Court: It is so ordered.