Ramstein v. Handel & Haydn Building & Loan Ass'n

Citations

• 65 Pa. Super. 190
• 1916 Pa. Super. LEXIS 42

Syllabus

<p>Evidence — Witness—Memorandum to refresh memory — Deputy sheriff — Distribution of fund in sheriff’s hand.</p> <p>Where on the trial of a case involving a question as to the amount of a fund distributed by the sheriff, a deputy sheriff, although having no personal recollection of the transaction is a competent witness as to the amount distributed, where he uses a memorandum made by himself to refresh his recollection, and testifies positively, after refreshing his recollection from the memorandum, he could state how much money was distributed.</p> <p>Building and loan associations — Stock—Sheriff’s mortgage— Sheriff’s sale — Changing course of distribution.</p> <p>Where a building and loan association procures a sale of real estate on a mortgage given by a deceased member in his lifetime and the sale realized enough to pay the indebtedness and all arrearages, the association has no right, at the settlement with the sheriff, to credit the value of the stock assigned to it, on its judgment so as to leave a balance in the-sheriff’s hands which was paid to a junior creditor of the decedent. If it does so it will be liable in such amount to the executor of the decedent. In such a case, as soon as the sale was made, the stock was free, and the executor was entitled to it.</p>