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ANNA DUDASH v. JOHN DUDASH AND VIOLET T. DUDASH (05/06/83)

filed: May 6, 1983.

ANNA DUDASH, APPELLANT,
v.
JOHN DUDASH AND VIOLET T. DUDASH



NO. 1860 Philadelphia, 1981, Appeal from the Decree of the Court of Common Pleas of Schuylkill County, Civil Action, Equity, No. S-409-1979.

COUNSEL

Stephen P. Ellwood, Pottsville, for appellant.

William E. Baldwin, Pottsville, for appellees.

Wickersham, Rowley and McEwen, JJ.

Author: Mcewen

[ 313 Pa. Super. Page 550]

The case we here consider involves an action in equity brought by a mother against her son and daughter-in-law in which the plaintiff sought reformation of a deed to property that she had conveyed to her son. Following a non-jury trial, the learned Schuylkill County Common Pleas Court Judge Donald D. Dolbin, sitting as Chancellor in Equity, entered a decree in favor of defendants. We affirm.

The specific assertions of error claimed by appellant were expressed in the following exceptions to the findings of fact and conclusions of law made by the Chancellor:

1. Plaintiff excepts to the Court's ruling admitting into evidence over plaintiff's objections, Defendants' Exhibits numbers 1 and 2.

2. Plaintiff excepts to the introduction of testimony over her objection as to the dissolution of a partnership among her three (3) sons.

3. Plaintiff excepts to finding of fact number 2:

"At sometime prior to July 19, 1974, the plaintiff orally agreed to convey to her son, the defendant, a portion of the said premises 'west of the road' upon which portion stood a garage later to be converted by the defendant into his house."

4. Plaintiff excepts to finding of fact number 5:

"Since that time and prior thereto, the defendant, John Dudash, improved the said lot which was conveyed to him by clearing away junk, hauling top-soil, cultivating the same for an organic garden and ...


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