Biddle v. Tomlinson

Citations

• 5 Sadler 288

Syllabus

<p>While costs in equity proceedings are largely in the discretion of the court, it must be a reasonable and not an arbitrary discretion.</p> <p>If costs are withheld from the successful party, some sufficient reason for it must appear by the record.</p> <p>Where the purchaser of land, sold under judgment for arrears of ground rent, is subsequently informed by the counsel for the former owner of the land that a rule has been taken to open the judgment, but a deed is made to the purchaser by the sheriff and the rule is discharged, and then the former owner of the land files a bill against the purchaser and judgment creditors to set aside the sale as fraudulent, but the bill is dismissed for want of proof of fraud, the purchaser is entitled to his costs.</p> <p>Cited in Burke v. Teller, 11 Pa. Co. Ct. 59, 60, 1 Pa. Dist. R. 23, and in Walker v. West, 16 Pa. Co. Ct. 99, 100, 1 Lack. Legal News, 42, 4 Pa. Dist. R. 85, holding in both cases that the discretion of the court in relation to costs must be reasonably and not arbitrarily exercised.</p>