McKee v. Russell

Citations

• 269 Pa. 45
• 112 A. 151
• 1920 Pa. LEXIS 756

Syllabus

<p>Judgment — Scire facias to revive — Defense of payment — Evidence.</p> <p>On the trial of a scire facias by executors to revive a judgment, where the defense is payment, evidence is sufficient to sustain a verdict for the defendant, where it appears that the affidavit of defense averred that decedent retained the amount of the judgment from the proceeds of real estate, which she had bought from defendant, and this averment is supported by proof that decedent had declared to three witnesses that defendant owed her nothing, with other proof that after the sale of the real estate decedent had never made any demands far payment.</p>