BARNETT v. THIRKIELD


300 S.W.2d 905 (1957)

Clara F. BARNETT and Spencer Baker, Partners, d/b/a Barnett Realty Company, Complainant-Respondent, v. F. W. THIRKIELD and wife, Marie Thirkield, Defendants-Petitioners.

Supreme Court of Tennessee.

Rehearing Denied April 1, 1957.


Attorney(s) appearing for the Case

James S. Shields, Memphis, for petitioners.

Caruthers Ewing, Memphis, for respondent.


TOMLINSON, Justice.

The Chancellor and the Court of Appeals are in sharp disagreement as to their respective findings from the evidence presented orally to the Chancellor while proceeding to try this case according to the forms of Chancery. Thereby is placed upon this Court, it having granted the Thirkield petition for certiorari, the duty of reviewing the evidence de novo, accompanied by a presumption that the decree of the Chancellor is correct "unless the preponderance...

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