Donnan v. Barnes

Citations

• 272 Pa. 33
• 115 A. 883
• 1922 Pa. LEXIS 771

Syllabus

<p>Execution — Sheriff’s sale — Distribution — Subrogation — Judgment — Maxims—In fictione juris, etc. — Appeals—Parties.</p> <p>1. In distributing a fund realized at sheriff’s sale, the party entitled thereto must make his own claim and must himself appeal, if the decision be against him; one to whose right he claims to be subrogated, but who has no personal interest, cannot properly claim the fund or appeal from the decree of distribution.</p> <p>2. The court of common pleas, by virtue of whose process a sale is had, is required to determine what amount is due on judgments alleged to be entitled to any part of the proceeds, even though they may have been entered originally in the courts of some other county.</p> <p>3. All such distributions must be made according to law and equity, hence the fund cannot be awarded to one not equitably entitled to receive it.</p> <p>4. One who alleges he is entitled to subrogation, must show that in equity and good conscience it should be allowed.</p> <p>Promissory notes — Endorsements—Priorities—Burden *of proof.</p> <p>5. Ordinarily the endorsers on a note are liable in the order of their endorsements; he who asserts the contrary has the burden of proving the facts from which such a conclusion can properly be drawn.</p>