Fischer v. Woodruff

Citations

• 254 Pa. 140
• 98 A. 878
• 1916 Pa. LEXIS 696

Syllabus

<p>Judgment — Confessed judgments — Decedents’ estates — Btnking off of judgments.</p> <p>1. In the absence of fraud or collusion a judgment against a decedent’s estate ‘will not be stricken off at the instance of a creditor of such estate and the creditor of a legatee has no higher rights.</p> <p>2. A judgment should not be stricken from the record even if so confessed by an executor as to bind him personally and not the estate. *</p> <p>3. Where an executor without special powers confessed a judgment against his decedent’s estate at the request and for the benefit of the sole legatee, the purchaser of such legatee’s interest in the property had no standing thereafter to petition the court to strike off the judgment, whatever rights he may have had to defend the land against proceedings brought to enforce the judgment.</p>