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HIGGINS v. DARLINGTON. (01/03/56)

THE SUPREME COURT OF PENNSYLVANIA


January 3, 1956

HIGGINS, APPELLANT,
v.
DARLINGTON.

Appeal, No. 50, Jan. T., 1956, from decree of Court of Common Pleas of Delaware County, Dec. T., 1948, No. 976, in case of O. Warren Higgins, Receiver of Concord Memorial Park, et al. v. Jesse Darlington et al. Decree affirmed; reargument refused January 27, 1956.

COUNSEL

William Taylor, Jr., with him Holl, Taylor & Holl, for appellants.

William D. Harkins, with him Robert B. Greer, T. Ewing Montgomery and Butler, Beatty, Greer & Johnson, for appellees.

Before Stern, C.j., Stearne, Jones, Bell, Musmanno and Arnold, JJ.

[ 384 Pa. Page 78]

OPINION PER CURIAM

This is the fourth time that the same subject-matter out of which this litigation grows has been before this court, once on two separate appeals: see Darlington v. Reilly, Trustee, 358 Pa. 380, 57 A.2d 861; Same v. Same, 363 Pa. 72, 69 A.2d 84; Same v. Same No. 1, 375 Pa. 578, 101 A.2d 900; and Same v. Same No. 2, 375 Pa. 583, 101 A.2d 903. Nothing beneficial can come from prolonging the present controversy. The maxim, Interest reipublicae ut sit finis litium, was never more pertinent. To anyone interested, the factual background will be found fully set forth in 363 Pa. 72 which has since been quoted verbatim both by the learned court below as well as in brief of counsel.

The appellants obtained no property right in the land in question other than a right of sepulture in perpetuity which is vouchsafed them by the action of the court below.

Disposition

The decree is affirmed at the appellants' costs.

19560103

© 1998 VersusLaw Inc.



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