SAMS v. BYARS

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Docket Number

6 Div. 667.

Attorney(S)

William C. Smithson, of Bessemer, for appellant. The burden of proof was upon the administrator to show payment of the $1,500 to appellant, same having been disputed; and parties having elected to choose the witnesses to the alleged receipt, the execution thereof must be proved by said witnesses. 18 Ala. 29; 22 C. J. 935; (Ala.) 39 So. 771; 114 Ala. 480, 21 So. 997. Pinkney Scott, of Bessemer, for appellee. The administrator was properly allowed credit for the $1,500 paid to Sylvia Sams. Code 1907, § 2722; 121 Ala. 598, 25 So. 825.

Judges

ANDERSON, C. J.

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SAMS v. BYARS.

ANDERSON, C. J.

This appeal involves only one item of the appellee's account, the genuineness of a certain receipt for $1,500, and as to which there was a conflict in the evidence. The evidence was ore tenus, or partly so, and the trial court saw and heard the witnesses, and its conclusion was like unto the verdict of a jury, and cannot be disturbed by this court, unless contrary to the great weight of evidence. We cannot say that the conclusion of the trial court was contrary to the great weight of the evidence. It is questionable as to whether or not there is a sufficient insistence in brief of counsel as to the other assignments of error, but, conceding that there is, the trial court committed no error in respect thereto that could justify a reversal of this case.

Affirmed.

McCLELLAN, SOMERVILLE, and THOMAS, JJ., concur.

SAMS v. BYARS.

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