Ridgway's Account

Citations

• 206 Pa. 587
• 56 A. 25
• 1903 Pa. LEXIS 766

Syllabus

<p>Equity — Mistake of fact — Evidence.</p> <p>Equity will not grant relief in cases of mistake of fact except on very clear proof.</p> <p>Auditor — Finding of fact — Mistake of fact — Review.</p> <p>An auditor’s finding of fact confirmed by the court below that a mistake of fact was not proven, will not be reversed by the appellate court in the absence of manifest error.</p> <p>Equity — Mistake of fact — Statute of limitations.</p> <p>Where several owners of coal lands form a corporation in which they are to take stock according- to their respective interest in the lands, and the president of the corporation by a mistake does not receive his full share, he cannot, after he has remained silent for fourteen years with full means of knowledge and every opportunity to discover the mistake, and after the person to whom his shares were issued is dead, have any standing in a court of equity to have the mistake corrected.</p> <p>The operation of the statute of limitations will not be stayed by the mere mistake or ignorance of a party who had full means of knowledge at hand, and this is especially true where there is no allegation of fraudulent concealment.</p>