Opinion
December 8, 1939.
December 28, 1939.
Appeals — Review — Findings of fact.
Findings of fact made by the chancellor and approved by the court in banc, supported by competent evidence, must be accepted on appeal as final.
Argued December 8, 1939.
Before KEPHART, C. J., SCHAFFER, MAXEY, DREW, LINN, STERN and BARNES, JJ.
Appeals, Nos. 163 and 164, March T., 1939, from decree of C. P. Erie Co., Sept. T., 1927, No. 13, in case of Wm. O. Baur, et al., individually and as trustee under the Will of A. J. Baur, deceased, et al., v. T. B. Abbott et al. Decree affirmed.
Bill in equity. Before BOUTON, P. J.
Decree entered dismissing exceptions and directing distribution by the receiver, opinion by SHULL, P. J., and BARNETT, P. J., specially presiding. Exceptants appealed.
Errors assigned, among others, related to the findings and conclusions of the court below.
Henry C. Baur, with him S. Y. Rossiter, for appellants.
Byron A. Baur, of Marsh, Spaeder, Baur Marsh, for appellees.
This proceeding began August 27, 1927, by bill by co-partners praying for the appointment of a receiver, for dissolution of, and partition of the real estate of, Baur Floral Company, a partnership, engaged in business in Erie, Pa. The proceedings have resulted in a voluminous record. The final decree assigned for error is dated March 13, 1939, directing distribution by the receiver and dismissing exceptions.
The principal contention, made on behalf of appellants, was that the evidence did not support the findings approved by the court in banc. There is evidence to support the findings, which, therefore, must be accepted as final. There is no merit in appellants' contention that Henry Baur's testimony relating to his conversation with Abbott, since deceased, was improperly excluded: Bowman's Estate, 301 Pa. 337, 343, 152 A. 38. Having reached this conclusion, it is unnecessary to deal with the questions of procedure or the motions to dismiss the appeals.
Decree affirmed at appellants' costs.