#### Josephine Weakley, Appellee, v. Adolph G. Mizell et al., Appellants.

(Not to he reported in full.)

Appeal from the Circuit Court of Shelby county; the Hon. Thomas M. Jett, Judge, presiding. Heard in this court at the April term, 1916.

Affirmed.

Opinion filed October 13, 1916.

Certiorari denied by Supreme Court (making opinion final).

Statement of the Case.

Bill to foreclose a mortgage filed by Josephine Weakley, complainant, against Adolph G-. Mizell et al., defendants. From a decree in favor of complainant, defendants appeal.

On a former appeal from a decree entered, after a jury trial, in favor of the complainant, the case was reversed and remanded with directions to the chancellor either to set aside the verdict and grant a new trial or enter a decree based upon his individual judgment derived from the evidence. See Weakley v. Mizell, 193 Ill. App. 494.

Upon the reinstatement of the cause in the court below, the parties stipulated that the former decree be set aside and a new trial granted; that the chancellor should have read to him the evidence preserved in the certificate of evidence upon the former trial, and that either party might in addition thereto present such further evidence in open court as he saw fit. No additional evidence of material importance was introduced by either party upon the last hearing before the chancellor, who again rendered a decree in favor of complainant.

W. O. & T. M. Headen, D. G. Thompson and' George B. Rhoads, for appellants.

*430E. A. Richardson, Whitaker, Ward & Pugh and W. C. & W. L. Kelley, for appellee.

Abstract of the Decision.

Appeal and error, § 1396 * —when chancellor’s findings of fact will not justify reversal. Where the evidence introduced on the trial of a case is in irreconcilable conflict, findings of fact of the chancellor, who saw and heard the witnesses, will not justify a reversal of the decree unless the findings are palpably erroneous.

*

See Illinois Notes Digest, Vois. XI to XV, and Cumulative Quarterly, same topic and section ntimber.

Mr. Justice Eldredge

delivered the opinion of court.