Hopkins v. Stoneroad
Superior Court of Pennsylvania
Appeal, No. 127, April T., 1902, by-plaintiffs, from decree of C. P. No. 2, Allegheny- Co., July T., 1900, No. 23, dismissing bill in equity in case of John Hopkins, Robert D'. Clark, Robert Taggart, Elizabeth I. Taggart, Jane M. Brown and Nancy J. Taggart v. J. T. M. Stoneroad and R. B. Burgan. Bill in equity to restrain the use of a drainage drift. Frazer, P. J., filed the following findings of fact and conclusions of law.
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Appeal, No. 127, April T., 1902, by-plaintiffs, from decree of C. P. No. 2, Allegheny- Co., July T., 1900, No. 23, dismissing bill in equity in case of John Hopkins, Robert D'. Clark, Robert Taggart, Elizabeth I. Taggart, Jane M. Brown and Nancy J. Taggart v. J. T. M. Stoneroad and R. B. Burgan. Bill in equity to restrain the use of a drainage drift. Frazer, P. J., filed the following findings of fact and conclusions of law. FINDINGS OF FACT. 1. In the year 1878, the plaintiff, John Hopkins, was one of several tenants in common who owned in fee, inter alia, a tract of land in Collier…
1Opinion of the Court
Opinion by
Beaver, J.,
It may be seriously doubted whether the testimony of the plaintiffs, the appellants here, in any sense overcame the defendants’ answer which was entirely responsive to the bill and set forth, with great particularity the facts, as they claimed them. “ The answer of defendant, when responsive to the bill, is conclusive, unless contradicted by two witnesses or by one witness and such corroborating facts and circumstances as are equal to the testimony of another witness: ” 6 P. & L. Dig. of Dec. 8892.
*175The conclusions of law, of which the appellants complain, as embraced in…
2Cases cited2 opinions
- Baldwin v. TaylorSupreme Court of Pennsylvania · 1895
- Lacy v. ArnettSupreme Court of Pennsylvania · 1859
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