Cox v. Ledward

Citations

• 124 Pa. 435
• 16 A. 826
• 1889 Pa. LEXIS 1048

Syllabus

<p>1. In an action of scire facias sur mortgage, wliere the plaintiff is proceeding as assignee for the benefit of the creditors of one of the owners of the mortgage, it is not error to admit in evidence under the plea of payment, the office inventory and appraisement oí the assigned estate to show that the interest sought to be recovered had not been appraised as a portion thereof.</p> <p>2. Ñor is it error to admit in evidence the record entry of satisfaction of the interest, made by the assignor himself after the date of the assignment, as a self-disserving declaration, admissible not only against the assignor but against the assignee, when accompanied with instruction that the assignor had no right to make the entry if he had not received payment before the date of his assignment.</p> <p>3. Where, in such case, the evidence is wholly circumstantial, some of the parties to Hie transaction being dead and the others therefore incompetent to testify, and the collateral facts are nearly all evidenced by writings, and form as a whole a fair basis for a conclusive inference of payment, it is not error to submit the question to the jury accompanied with the instruction that the burden of proof was upon the defendants.</p>