On review, the fact that the evidence is conflicting cannot avail the excepting party. Barr's Estate v. Guay, 127 Vt. 374, 379, 250 A.2d 512 (1969). In respect to such items the defendants failed to sustain their burden of proof as required by the prior Brickman opinion, supra, 126 Vt. at 534.
There is legitimate evidence fairly and reasonably tending to sustain it and it must stand. Barr's Estate v. Guay, 127 Vt. 374, 379, 250 A.2d 512 (1969). The weight of the evidence, credibility of witnesses and the persuasive effect of their testimony is for the trier of fact, In re Rathburn, 128 Vt. 429, 436, 266 A.2d 423 (1970), and this Court cannot substitute its own judgment for that of the lower court on the questions of fact. Everlasting Memorial Works v. Huyck Monument Works, 128 Vt. 103, 109, 258 A.2d 845 (1969).
The fact that the evidence is conflicting cannot avail the excepting party. Barr's Estate v. Guay, 127 Vt. 374, 379, 250 A.2d 512 (1969). In Finding No. 10 the court stated, "The defendant William Szerbick (sic) testified that it (the account) was set up, in a manner he does not explain, for Tri-State Equities, Inc."
On review, all conflicts must be resolved against the party excepting to the finding, and, therefore, the fact that evidence is conflicting cannot avail the excepting party. Barr's Estate v. Guay, 127 Vt. 374, 379, 250 A.2d 512 (1969). And in considering the evidence the Supreme Court views it in the light most favorable to the findings.
On this structure of the case it was for the trial court to determine the weight and credibility of the petitioner's testimony. Barr's Estate v. Guay, 127 Vt. 374, 379, 250 A.2d 512 (1969). The fact that the petitioner disclaimed his guilt in this collateral proceeding does not impair the integrity of his plea at the time of his conviction.
That was within his province. Barr v. Guay, 127 Vt. 374, 250 A.2d 512, 515. The findings also state "(t)hat none of the deeds in the defendant's chain of title * * * describe said property by metes and bounds."