Sager v. Lindsey

Citations

• 118 Pa. 25
• 13 A. 211
• 1888 Pa. LEXIS 361

Syllabus

<p>In the trial of a scire facias sur mortgage, the defendants, husband and wife, having shown that the mortgage was given to secure, (a) a sum due from the wife to L. as administrator of her father’s estate, (6) a sum due J. as counsel for such administrator, and (c) a sum due J. as counsel for the husband in another proceeding, then offered to show: (1), from L.’s account, filed and confirmed subsequently to the execution of the mortgage, that his claim against the wife had been paid and that the claim of his counsel was not entitled to payment; (2), that L. Avas never lawfully appointed administrator of said estate: Held,</p> <p>1. That offer (1) was admissible, but only so far as it tended to show payment of the administrator’s claim; inadmissible to affect his counsel, J., Avho was not a party thereto.</p> <p>2. That, inasmuch as it was not proposed to show that L.’s appointment was made by a register not having jurisdiction, offer (2) was inadmissible.</p>