McCormick v. Bickerton

Citations

• 251 Pa. 466
• 96 A. 1092
• 1916 Pa. LEXIS 487

Syllabus

<p>Judgment — Opening of judgments — Defenses—Payment—Evidence — C orroboration.</p> <p>1. A farm was sold at sheriff's sale on a judgment entered on a judgment bond secured by a mortgage of the real estate sold. The judgment plaintiff purchased the property for the amount of the taxes and costs and subsequently issued an alias fi. fa. to' collect the judgment. Upon the application of the judgment defendant, the court opened the judgment and the defendant pleaded payment. The defendant testified, although contradicted, that on the day preceding the sale, plaintiff agreed with defendant that if he, plaintiff, should buy the farm, it would be in satisfaction of the debt, and that relying upon plaintiff’s statement, defendant absented himself from the sale and discontinued his efforts to raise money to pay the debt. The lower court charged the jury that in order to find for defendant they must find corroboration of the defendant’s ease. The jury found a verdict for defendant, upon which judgment was entered. Held, that from the inherent probability of willingness on the part of the plaintiff to accept the farm in satisfaction of the debt and from the fact that defendant remained away from the sale, manifestly to his detriment, the jury might find corroboration of the defendant’s case, and the judgment was affirmed.</p> <p>Practice, Supreme Court — Appeals—Instructions to jury.</p> <p>2. Where the charge taken as a whole is not erroneous or inadequate and presents the issues of fact fully, the Supreme Court will not reverse, although portions of the charge standing alone, may fairly and justly be open to criticism.</p>