Binney v. Brown

Citations

• 116 Pa. 169
• 9 A. 186
• 1887 Pa. LEXIS 378

Syllabus

<p>1. To an action brought for injuries resulting from an act done more than six years before, through mere mistake not involving fraud, the statute of limitations is a complete bar.</p> <p>2. B., as an administrator, entered satisfaction on the margin of the record of a mortgage which his decedent had not owned, the record at the time, showing plainly a reference to the record of the assignment of a mortgage which his decedent did own. More than six years afterwards, one who relying upon a clear search had purchased the property encumbered by the mortgage thus marked satisfied and the mortgage being enforced had lost the amount thereof, filed a bill in equity against B.’s executor, legatees and devisees, to recover compensation for the injury sustained: Held, that as the record itself indicated precisely what mortgage B. intended to satisfy, there was no room from the satisfaction so entered to infer fraud, actual or constructive, or more than a mere mistake, and hence the plaintiff’s remedy was barred by the statute of limitations.</p>