Stewart v. Stewart ( 1946 )

BUFORD,

concurring specially:

I concur in what is said and in the conclusion reached in the opinion prepared by Mr. Justice BARNS on rehearing granted; but, in addition thereto I am constrained to say that I have carefully studied the record and, as I see it, the record contains a great deal of testimony pro and con which is strong enough to create a very substantial suspicion that the plaintiff has been guilty of adultery but I think the record fails to reveal any substantial legal evidence to establish the fact that he was guilty of adultery. «

For the reasons stated in the majority opinion, and also for this additional reason, I concur in the view that the decree of the Chancellor should be affirmed.