Miller v. Piatt

Citations

• 33 Pa. Super. 547
• 1907 Pa. Super. LEXIS 334

Syllabus

<p>Equity — Evidence—Fraud—Cancellation of deed — Findings of fact— Equity pleading — Mutual mistake.</p> <p>The proof to support a bill in equity for cancellation of a deed must be clear, precise and indubitable. If the evidence of the two plaintiffs, a man and wife, is contradicted by the defendant, and the defendant’s testimony is strongly corroborated by another witness, it is the duty of the judge to pass upon the credibility of the witnesses, and his findings of fact will not be reversed by the appellate court, except for manifest error.</p> <p>Where a bill in equity is filed for the cancellation of a deed, and the relief sought is based solely on charges of fraud, a decree for the plaintiff cannot be entered because the proofs tended to show that there had been a mutual mistake. In such a case the mutual mistake must not only have been proved, but must also have been pleaded.</p>