Tibbens v. Burrell
Superior Court of Pennsylvania
Appeal, No. 7, Feb. T., 1911, by defendant, from decree of C. P. Clinton Co., July T., 1908, No. 1, on bill in equity in case of Edward Tibbens v. John A. Burrell. Bill in equity for a conveyance.
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Appeal, No. 7, Feb. T., 1911, by defendant, from decree of C. P. Clinton Co., July T., 1908, No. 1, on bill in equity in case of Edward Tibbens v. John A. Burrell. Bill in equity for a conveyance. Before Hall, P. J. The court found the facts to be as follows: 1. That it was agreed between John A. Burrell and Joseph Neff and Edward Tibbens, prior to the sale of the land of Joseph Markle, deceased, on May 18, 1907, that said John A. Burrell should bid on the land advertised to be sold for and on behalf of Joseph Neff and Edward Tibbens and if it should be knocked down to him, the said Burrell,…
1Opinion of the Court
Opinion by
Orlady, J.,
The rule is well established, and it has been frequently announced, that to justify this court in reversing the findings of a chancellor on questions of fact, clear and manifest error must be pointed out. The trial judge has a better opportunity than we to judge of the credibility of the witnesses, and if his findings of fact are in accordance with the fair preponderance of the testimony, and the legitimate inferences of fact deducible therefrom, they are to be accepted as comprising the facts of the case: Byers v. Byers, 208 Pa. 23; Gay v. Chambers, 37 Pa. Superior Ct.…
2Cases cited9 opinions
- Robbins v. FarwellSupreme Court of Pennsylvania · 1899
- Byers v. ByersSupreme Court of Pennsylvania · 1904
- Strause v. BergerSupreme Court of Pennsylvania · 1908
- Clauer v. ClauerSuperior Court of Pennsylvania · 1903
- Galbraith v. GalbraithSupreme Court of Pennsylvania · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hamberg v. BarskySupreme Court of Pennsylvania · 1946
- Leahey v. LeaheySupreme Court of Pennsylvania · 1932
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