delivered the opinion of the court.

The record shows that several witnesses testified orally upon the merits of this case. The.- testimony of these. witnesses is not in the record. The chancellor heard this evidence, and this evidence may have justified his finding, and, as the evidence “is not before us, we are therefore not able to judge of its effect. It may have been controlling with the chancellor.” Wilson v. Brown, 94 Miss. 608, 47 So. 545.

Affirmed.