Gribbel v. Brown

Citations

• 202 Pa. 10
• 51 A. 587
• 1902 Pa. LEXIS 455

Syllabus

<p>Practice, O. P. — Trial—Trial of two cases together — Equity practice.</p> <p>Where two equity cases by different plaintiffs against the same defendant, are tried together, the court should consider each case separately on the evidence produced in the respective cases.</p> <p>On the trial of a bill in equity.for an accounting against a mortgagee in possession, where it appears, as far as the evidence in the ease is concerned, that the plaintiff is entitled to the relief which he seeks, the court cannot dismiss the bill on the ground that in a case tried at the same time against the defendant by the husband of plaintiff’s grantor, there is disclosed an alleged champertous agreement by which the plaintiff took title to the property involved in the one ease and agreed to pay the costs of the other case, to carry out a combination to secure the defendant’s property in the one proceeding, and to secure her business in the other.</p> <p>Equity — Mortgagee in possession — Account.</p> <p>A finding that the defendant holds real estate as mortgagee in possession, entitles the person having the legal title and being the owner, to maintain a bill for an accounting, and thereafter the right to redeem the property on payment to the mortgagee of such sum as may be found to be due.</p>