Lancaster v. Flowers

Citations

• 208 Pa. 199
• 57 A. 526
• 1904 Pa. LEXIS 728

Syllabus

<p>Partition — Master's finding of fact — Mortgage—Presumption of payment.</p> <p>The findings of fact of a master in partition that the presumption of payment of mortgage upon which there are arrearages of interest for forty years, has not been rebutted by any evidence, will not be reversed in the absence of clear and manifest error.</p> <p>The presumption of payment of a mortgage arising from a period of more than twenty years cannot be successfully rebutted by a suggested intention relating to a possible merger.</p> <p>Tenants in common — Accounting—Rents—Act of June 24, 1895, P. L. 237.</p> <p>Where one of several cotenants accepts for a period of twenty-seven years rentals of a certain amount, and receipts for the same, and he has full knowledge of the condition of the estate, he cannot subsequently, because the court declared a deed to be a mortgage, claim that he should have been entitled to larger amounts.</p> <p>Mistakes of law unless accompanied with special circumstances, undue influence or misplaced confidence, constitute no ground for relief.</p> <p>Under the Act of June 24, 1895, P. L. 237, and the English'statute of 4 and 5 Anne, chapter 16, section 27, one tenant in common may recover from his cotenant a share of the rent which the cotenant had received, or if the cotenant is in actual possession may demand and recover a share of the occupation rents.</p>