Opinion
March 19, 1929.
April 15, 1929.
Appeals — Equity — Chancellor's findings of facts.
A chancellor's findings of fact, if based on sufficient evidence, has the effect of a verdict of a jury, and will not be reversed on appeal, in the absence of clear error.
Before FRAZER, WALLING, SIMPSON, KEPHART, SADLER and SCHAFFER, JJ.
Appeals, Nos. 17 and 18, March T., 1929, by defendant, Frank F. Hall, and corporation, from decree of C. P. Allegheny Co., Jan. T., 1927, No. 2967, for plaintiff, in case of George M. Husted v. Parts Engineering Co. et al. Affirmed.
Bill to determine ownership of stock of a corporation. Before MARTIN, J.
The opinion of the Supreme Court states the facts.
Decree for plaintiff. Defendant, Frank F. Hall, and corporation, appealed.
Error assigned, inter alia, was decree, quoting it.
W. W. Stoner, of J. M. Stoner Sons, for appellant. Earl J. Mohn, of McIlvain, Murphy Mohn, for appellee.
Argued March 19, 1929.
Both appeals involve the same question and will be considered in one opinion.
Plaintiff's bill was filed to determine the ownership of fourteen shares of the capital stock of Parts Engineering Company, a corporation of this Commonwealth, claimed by both Husted and Hall. The chancellor found plaintiff to be entitled to the stock in question and decreed that a certificate be issued to him. Both Hall and the corporation appealed. The pleadings and evidence raised pure questions of fact. We have read the testimony with much care and although it is conflicting we find ample to sustain the conclusion reached by the chancellor. He saw the witnesses, heard them testify and consequently was best able to judge of the credence to be given their testimony. Nothing but clear error will warrant setting aside the findings of a chancellor and, as that situation is not present here, we must give his findings the effect of a verdict of a jury and affirm the appeals.
Decree of the court below is affirmed and both appeals dismissed at appellants' costs.