180 Pa. 396 | Pa. | 1897
Opinion by
Most of the assignments of error relate to questions of fact upon which the referee has made distinct and specific findings. These findings have been reviewed upon exceptions in the court below and have been concurred in by the learned judge of that court. It is incumbent on one who alleges error in these findings notwithstanding their approval to point out the error plainly. If this is not done by an appellant this court will adopt the conclusions reached by the referee, and approved by the judge
Under this agreement and immediately after it was made the defendant filed with the referee a brief- prayer for relief in regard to the Christian street house, asking that the plaintiff be required to surrender possession of the house and lot and account for accrued rents during his occupancy. No answer or demurrer to this prayer was filed, but the hearing proceeded without objection on the part of the plaintiff, and the evidence relating to this subject was fully heard. We cannot see why in this state of the record and of the evidence the referee should not have passed upon all the questions which the parties had submitted to his decision, and ascertained the actual balance due from the defendant to the plaintiff. The plaintiff had asserted that the title to this property was held by the defendant in trust for him as the beneficial owner. The defendant asserted on the other hand that he held the title as his own. It became necessary therefore to investigate and decide this question. The prayer for relief filed by the defendant asked that if his contention was sustained the plaintiff should be required to surrender the house to him and account for its use. This in the absence of any objection or reply became, under the agreement of the parties, a subjéct for the examination and decision of the referee. The jurisdiction, if otherwise doubtful, was conferred by the parties by their agreement and subsequent conduct. Under such circumstances the rule of equity that when the court has acquired jurisdiction over a cause for one purpose it may retain it for purposes of equitable relief not covered by the original prayers for relief in the bill is applicable : Allison’s Appeal, 77 Pa. 221. Another well settled rule is that a court of equity seeks to prevent all unnecessary litigation and will, wherever this is 'practicable, dispose of the