McCollum v. Shook

Citations

• 228 Pa. 28
• 76 A. 751
• 1910 Pa. LEXIS 424

Syllabus

<p>Vendor and, vendee — Judgment—-Opening judgment — Ejectment.</p> <p>A vendor of land brought an action of ejectment for unpaid installments of purchase money. At the same time he entered a rule to arbitrate. Subsequently the parties agreed that the rule to arbitrate be stricken off, and the defendant confessed judgment for the land, to be set aside, upon payment by the defendant into the prothonotary’s office of .the whole balance of the purchase money. Upon such payment the plaintiff was to deposit with the prothonotary a deed for the land to the defendant. Subsequently the defendant entered a rule to open the judgment. Held, (1) that the defendant could confess judgment in consideration of the rule to arbitrate being stricken off;</p> <p>(2) that the prothonotary was authorized by statute to enter the conUssed judgment; (3) that the fact that the vendee made valuable improvements on the land did not permit him to retain the property without paying the purchase money, and (4) that under all the facts the court was justified in refusing to open the judgment.</p>