Sutton v. Guthrie

Supreme Court of Pennsylvania November 7, 1898

Sutton v. Guthrie, 188 Pa. 359 (Pa. 1898)

41 A. 528; 1898 Pa. LEXIS 616

Dean, Fell, Guisen, Mitchell, Williams

Opinion of the Court

Per Curiam,

The auditor in the court below has found the facts involved in the present contention adversely to the appellant, and that finding has been confirmed by the court. We think the finding of the auditor of the facts in dispute was in accord with the testimony, and after confirmation by the court it has all the force of a verdict by a jury. The assignments of error cannot be sustained.

Decree affirmed and appeal dismissed at the costs of the appellant.

Reference

Full Case Name: John W. Sutton v. J. M. Guthrie, with notice to Harry W. Wilson and Thomas Sutton, Assignees, for the benefit of creditors of J. M. Guthrie. Appeal of Robert Mitchell
Cited By: 2 cases
Status: Published
Syllabus: Auditor's report — Conclusiveness of findings of fact — Beview—Husband and •wife — Mortgage—Evidence. An auditor’s findings of fact based upon sufficient evidence and confirmed by the court below, to the effect that the consideration for a mortgage from a husband to a wife was a loan by the wife to the husband and that the wife had a sufficient separate estate from which to make the loan, has all the force of a verdict by a jury.