Canavan v. Paye

Citations

• 34 Pa. Super. 91
• 1907 Pa. Super. LEXIS 86

Syllabus

<p>Equity — Findings of fact — Review—Appeals.</p> <p>In general, and particularly in cases where the correctness of a judge’s findings of fact in an equity case depends upon the view to be taken of the direct testimony of witnesses which is in conflict, such findings will not be disturbed, except for error which clearly appears; and an apparent preponderance of testimony against them is not sufficient to lead to a reversal, if there is testimony which, if believed, will warrant them.</p> <p>Equity — Granting of an issue — Discretion.</p> <p>In an equity suit the granting of an issue is a matter of discretion with the chancellor. This course is only adopted to inform his conscience, and if he is not satisfied with the finding of the jury he may disregard it. Being solely for the benefit of the chancellor, if he can to his own satisfaction pass upon the evidence without the assistance of a jury trial, he may do so; for the right of trial by jury, considered as an absolute right, does not extend to cases of equity jurisdiction.</p> <p>Equity — Assignment of legacy — Collateral security — Finding of indebtedness — Jurisdiction of orphans’ court.</p> <p>Where a bill in equity is filed for the cancellation of a note, a dee'd, and an assignment of a legacy, and the court upholds the note and the deed, and it is admitted that the assignment of the legacy was as collateral only, and was made absolute in form at the plaintiff’s request, the court of equity in which the bill was filed may leave to the orphans’ court the task of ascertaining the indebtedness for which the legacy was assigned, and a refusal to ascertain the indebtedness is not ground for reversal.</p>