Allegheny V. R. v. Dickey

Citations

• 131 Pa. 86
• 25 W.N.C. 168
• 18 A. 1003
• 1890 Pa. LEXIS 1085

Syllabus

<p>[To be reported.]</p> <p>1. When judgments have been obtained against the maker and indorser for the amount of a promissory note, and a third person, who has become bail for stay of execution in the judgment against the maker, pays it at the expiration of the stay, he acquires thereby no equity to be subrogated to the rights of the plaintiff, in the judgment against the indorser; on the contrary, he would be liable to the indorser if the latter were obliged to pay the debt.</p> <p>(a) One who was both bail for stay of execution in a judgment against the maker of a note and at the same time, as administrator of the indorser, was defendant in another judgment for the same debt, paid the former judgment, whereupon both were marked satisfied. Seven years after, and eight years subsequent to the death of the decedent, he petitioned the court to cancel the satisfaction of the latter judgment and mark it for his use.</p> <p>(b) His petition alleged an agreement between the plaintiff and himself for the assignment of the latter judgment to him and that the satisfaction thereof was entered by mistake. On the return day of a rule to show cause, served upon the plaintiff, to which no answer was made, the court, without receiving any proof in support of the petition, struck off the satisfaction and marked the judgment for the use'of the petitioner, wfio thereafter assigned it to his counsel.</p> <p>(c) Subsequently the assignee issued a scire facias against the heirs of the decedent, who were the petitioner and his children, obtained judgment by default, and thereunder levied on and purchased at sheriff’s sale certain real estate. A creditor of the decedent soon after recovered judgment in a suit commenced within five years after his death and duly prosecuted, levied upon the same land, bought it at sheriff’s sale and brought ejectment therefor.</p> <p>2. The petitioner in such case never had a right to subrogation upon the facts stated in the petition, but even if he origin