Budd v. Olver

Citations

• 148 Pa. 194
• 23 A. 1105
• 1892 Pa. LEXIS 946

Syllabus

<p>Equity — Subrogation—Bights of third parties.</p> <p>Subrogation is a matter of grace, not of right, and is a creature of pure equity. It will never be decreed where it would work injustice to a third party.</p> <p>Sheriff’s sale — Beeord—Secret equities.</p> <p>In the absence of knowledge or notice of secret equities, a purchaser at ■sheriff’s sale has a right to rely upon the record, and such secret equities cannot subsequently be set up to his prejudice. •</p> <p>Attorney and client — Knowledge by attorney notnotice to client — Practice.</p> <p>A petition was presented to the court praying that petitioner be subrogated to the rights of plaintiff in a judgment which had been entered against him as surety. The prayer was for a rule upon defendant and other “ persons interested,” and the effect of the rule if made absolute would be to postpone the rights of another judgment creditor not named in the petition nor included except under the general term “persons interested.” The attorney of this latter party was present in court, and the petition was read in his hearing.</p> <p>Held, That this did not constitute notice to the party affected.</p> <p>The rules asked for were simply the process by which the parties were to be brought before the court, and for this purpose, especially as to an unnamed party, they possessed no efficacy until they were served.</p>