Youse v. McCarthy

Citations

• 51 Pa. Super. 306
• 1912 Pa. Super. LEXIS 218

Syllabus

<p>Equity — Equity practice — Findings of fact — -Review.</p> <p>1. Where the correctness of a judge’s finding of fact in a case tried before him under the equity rules, depends upon the view to be taken of the direct testimony of witnesses, the finding will not be disturbed by the appellate court, if there be evidence to support it, and it is not clearly erroneous.</p> <p>Equity — Practice—Lapse of time — Attending circumstances — Laches.</p> <p>' 2. In general, laches, as a defense peculiar to suits in equity involves something more than mere delay, if the period of delay be shorter than that which under the statute of limitations would bar an action at law. In such cases the lapse of time during which the plaintiff has knowingly and without reasonable excuse neglected or omitted to assert his right, is to be considered in connection with the general nature of the proceeding, the nature of the transaction involved, the remedy at law, the altered conditions, if any, and all the attendant circumstances, and from the whole, the chancellor is to determine whether in equity and good conscience the defense ought to prevail.</p> <p>3. A bill in equity against an oil company to compel the removal of a pipe line and telegraph poles on plaintiff’s land cannot be maintained, where it appears that the work on the land was done while it was in the possession of an assignee of creditors of the plaintiff, but that the plaintiff knew that the work was being done and stood by without objection, that he permitted his assignee to accept from the defendant a money consideration for the use of the land, which consideration he never returned, and that he delayed for a year and a half after the land had been reconveyed to him by the assignee, before he filed his bill.</p>