Appeals of the Forest Oil Co.

Citations

• 118 Pa. 138
• 12 A. 442
• 1888 Pa. LEXIS 375

Syllabus

<p>1. Substitution or subrogation to the rights of a plaintiff in a judgment or execution cannot be decreed in favor of a petitioner, until the creditor has received payment; and a tender of the debt, interest and costs, accompanied with a demand for an assignment of the security or writ, is not the equivalent of payment which will entitle to subrogation.</p> <p>2. In a proceeding for stay of execution process and subrogation to the plaintiff’s rights, instituted by the owner of an oil and gas leasehold upon land advertised at sheriff’s sale on a judgment entered prior to the creation of the leasehold, unless the petition excuse any laches in the application and show on its face equities superior to those of the judgment plaintiff, with the terms of the lease and performance of its covenants on part of the petitioner, it is not error to deny subrogation and to refuse to interfere with the sheriff’s sale.</p>