Ripple v. Succop

Citations

• 30 Pa. Super. 638
• 1906 Pa. Super. LEXIS 138

Syllabus

<p>Judgment — Opening judgment — Terre-tenant—Evidence—Payment.</p> <p>Where a terre-tenant who purchased real property from the defendant in a confessed judgment, petitions the court for a rule to open the judgment and let him into a defense, and alleges payment, and that he accepted a deed for .the property relying upon the representations of the defendant, the plaintiff and an assignee of the judgment that it was paid, and the evidence offered by the terre-tenant to support his allegations, strongly preponderates, and the opinion filed shows that the decision was not based on the whole case, and that the application was refused for a reason, which, standing alone, was not a bar to the relief sought, the appellate court will reverse an order of the lower court discharging the rule to open the judgment.</p>