Dickey v. Norris

Citations

• 216 Pa. 184
• 65 A. 541
• 1907 Pa. LEXIS 778

Syllabus

<p>Equity — Equity practice — Findings of fact — Conclusions of law.</p> <p>The judge in equity cases should find the facts and state his conclusions of law distinctly and affirmatively in his own order and his own way. He may adopt and use the language of requests by either party. It is not only convenient and a saving of labor to do so, but frequently conduces to accuracy of detail where the evidence is voluminous or conflicting. But when he does this he should adopt the findings fully and explicitly as his own in such manner as to leave no room for doubt that they are his independent judicial conclusions. Requests not so adopted, if requiring answer ex majore cautela, should be affirmed or refused separately so as to avoid all possibility of confusion with his own findings on what he considers the relevant and material points of the case.</p> <p>Equity — Deed—Rescission—Findings of fact — Review.</p> <p>On an appeal from a decree refusing to rescind a deed alleged to have been procured by undue influence, the Supreme Court will not review the findings of fact of the lower court based on sufficient evidence, to the effect that the deed was executed voluntarily, with full knowledge of its effect, and for a good consideration; that there was a valid delivery; and that there was no fraud or undue influence in the making or delivery.</p>