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SMITH v. BERG (11/12/63)

THE SUPREME COURT OF PENNSYLVANIA


November 12, 1963

SMITH
v.
BERG, APPELLANT.

Appeal, No. 104, March T., 1963, from decree of Court of Common Pleas of Allegheny County, Oct. T., 1961, No. 1579, in case of Luke Smith and Daisy Smith, his wife, v. Hyman S. Berg and Betty H. Berg, his wife. Decree affirmed.

COUNSEL

Aaron Cohen, with him J. S. Hill, and Cohen & Popiel, for appellants.

Melvin Markowitz, for appellees.

Before Musmanno, Jones, Cohen, Eagen, O'brien and Roberts, JJ.

[ 412 Pa. Page 485]

OPINION PER CURIAM

This is an appeal from the decree of the court below en banc overruling the decree nisi of the chancellor refusing to set aside a transfer of realty by the appellees to the appellants.

The court en banc reversed the chancellor's findings and made its own independent determination of

[ 412 Pa. Page 486]

    the facts. We have fully and carefully examined the reasons it gave for so doing together with the entire record to determine whether such action was justified, keeping in mind the great weight to which the original findings of the chancellor are entitled. We conclude that the action of the court en banc was justified.

Disposition

Decree affirmed with costs to appellants.

19631112

© 1998 VersusLaw Inc.



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