160 Pa. 57 | Pa. | 1894
Opinion by
There cannot be any doubt as to the correctness of the body of the decree reforming the deed so as to exclude lot number two hundred and eighty-nine (289) — which the grantor evidently never agreed or intended to donate and convey to the grantee — and thus make it what both parties at first intended it should be, a conveyance of lots two hundred and eighty-five (285), two hundred and eighty-six (286), two hundred and eighty-seven (287) and two hundred and eighty-eight (288). The only complaint is as to the last clause of the decree wherein it is “ ordered, adjudged and decreed that the plaintiff pay the costs of this suit.” The learned master reported in favor of a decree imposing one half of the costs on each of the parties, but the court thought that the inclusion of lot two hundred
In view.of all the circumstances, we are unable to see any reason for departing from the ordinary rule in equity, that the successful party is entitled to costs. On the contrary, we think there are good reasons why the rule should be enforced. That may be done by substituting the word “ defendant ” for the word “plaintiff” in the last line of the decree. As thus amended, the decree is affirmed, with costs, including the costs of this appeal, to be paid by the defendant.