HIGGINS v. DARLINGTON, 384 Pa. 77 (1956)

119 A.2d 494

Higgins, Appellant, v. Darlington.

Supreme Court of Pennsylvania.December 1, 1955.
January 3, 1956.

Before STERN, C. J., STEARNE, JONES, BELL, MUSMANNO and ARNOLD, JJ.

Appeal, No. 50, Jan. T., 1956, from decree of Court of Common Pleas of Delaware County, Dec. T., 1948,

Page 78

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.

Equity.

Compulsory nonsuit entered; plaintiffs’ motion to take off nonsuit refused, opinion by BRETHERICK, J. Plaintiffs appealed.

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.

OPINION PER CURIAM, January 3, 1956:

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.

The decree is affirmed at the appellants’ costs.

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