O'Maley v. Pugliese

Citations

• 272 Pa. 356
• 116 A. 308
• 1922 Pa. LEXIS 826

Syllabus

<p>Mortgage — Judgment entered on bond — Opening judgment — Mistake in calculation of amount due — Oontrol of judgment and execution — Payments—Assignment—N otice.</p> <p>1. Where a warrant of attorney to confess judgment, in a bond accompanying a mortgage, contains no limit as to time, judgment may be entered thereon by the mortgagee without waiting for the maturity of the obligation, or default thereon; but such judgment and execution thereon remain within the control of the court.</p> <p>2. The lien of the judgment relates back to that of the mortgage, and, in entering it, the mortgagee is acting within his rights, unless debarred therefrom by his fraudulent conduct, and that is primarily a question for the lower court.</p> <p>3. In liquidating the damages upon such a judgment, any errors which result from miscalculation should be adjusted by the court below without opening the judgment; as should the right to, and extent of, attorney’s commissions for collection.</p> <p>4. Payments made to a mortgagee without notice of an assignment are valid.</p>