First N. Bank v. Fair

Citations

• 127 Pa. 324
• 18 A. 3
• 1889 Pa. LEXIS 1118

Syllabus

<p>[To be reported.]</p> <p>1. An averment in a statement of claim that a certain payment made by a third person, was made to apply on a particular judgment and should have been credited thereon, if unaccompanied by any allegation of an agreement or direction for such application, is no more than an expression of opinion, and is insufficient to support a claim depending upon an alleged right in the plaintiff to the allowance of such credit.</p> <p>2. Where the plaintiff in a judgment, without fraud or deceit, and through a voluntary payment made by the sheriff out of the proceeds of a judicial sale, receives the amount appearing to be due by the record of the judgment, which is more than the sum actually remaining due thereon, but not more than enough to extinguish the indebtedness of the defendant to him, he lias a right to apply the excess to indebtedness other than the judgment.</p> <p>3. A person who, after the entiy of a judgment and before a sheriff’s sale ' of real estate thereunder, purchased the land from the defendant in the judgment, has no higher rights against the judgment plaintiff than the latter: if the defendant may not recover from the plaintiff money collected by means of an execution and sheriff’s sale of the land upon which the judgment was a lion, neither can such purchaser.</p>