Opinion
December 1, 1936.
December 16, 1936.
Appeals — Review — Findings — Conveyance — Purchase price paid by third person.
On appeal from a decree directing a conveyance of real estate to plaintiff, the person who paid the purchase price, the deed having been made to defendants, the evidence was held sufficient to sustain a finding that at the time the consideration was paid and the property conveyed to defendants, the plaintiff did not comprehend the nature of his act nor understand the transaction, and the decree was affirmed.
Before KEPHART, C. J., SCHAFFER, MAXEY, DREW, LINN, STERN and BARNES, JJ.
Appeal, No. 382, Jan. T., 1936, by defendants, from decree of C. P. Northumberland Co., No. 656, in case of Joseph Siemientkoskie v. Edward Graboskie et ux. Decree affirmed.
Bill in equity. Before MORGANROTH, P. J.
Decree entered granting prayer of plaintiff. Defendant appealed.
Error assigned, among others, was dismissal of exceptions.
W. Irvine Wiest, for appellants.
J. A. Welsh, for appellee.
Argued December 1, 1936.
This is an appeal from a decree directing a conveyance of real estate to appellee, the person who had paid the purchase price, the deed having been made to appellants. The court below found as a fact that at the time the consideration was paid and the property conveyed to appellants, the appellee "did not comprehend the nature of his act nor did he understand the transaction." This finding, supported by evidence, will not be interfered with by this Court.
We have examined the other assignments of error and they are without merit. Indeed the equities of the case are all with the appellee.
Decree affirmed at cost of appellants.