Doran v. McConlogue
Supreme Court of Pennsylvania
Appeal, No. 226, Jan. T., 1892, from decree of C. P. Northampton Co., April T., 1889, No. 2, dismissing bill for cancellation of conveyance. The bill was filed by Jeremiah Gardner against Ellen MeConlogue and husband.
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Appeal, No. 226, Jan. T., 1892, from decree of C. P. Northampton Co., April T., 1889, No. 2, dismissing bill for cancellation of conveyance. The bill was filed by Jeremiah Gardner against Ellen MeConlogue and husband. After the death of the plaintiff, substitution was made of John B. Doran, executor of Jeremiah Gardner, deceased, in his own right and to the use of Mary Ann Nolan, late Mary Ann Gardner, wife of John Nolan, a legatee and devisee under the will of Jeremiah Gardner, deceased, as well as all other deviseés and legatees claiming under said will. The findings of fact by the auditor…
1Opinion of the Court
Opinion by
Mb. Justice Gbeen,
After a very patient and attentive reading of all the testimony in this case relating to the material points of contention, and upon a full consideration of the able argument of the learned counsel for the appellant, we are of the opinion that the findings of fact and conclusions of law contained in the master’s report are correct. The findings of fact, having been confirmed by the decree of the learned court below, are to be treated as if established by the verdict of a jury, and not to be disregarded except for plain mistake.
It seems to us that the findings of…
2Cases cited1 opinion
- Audenreid's AppealSupreme Court of Pennsylvania · 1879
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