Shaff v. Bearl

Citations

• 47 Pa. Super. 526
• 1911 Pa. Super. LEXIS 194

Syllabus

<p>Judgment — Opening judgment — Dower interest — Payment—Laches.</p> <p>On a rule to open a judgment it appeared that plaintiff owned land charged with a dower interest secured by a mortgage. Subsequently he sold the land in parts at three different times, by three different deeds to three different persons. The second purchaser paid a part of the purchase money in cash and gave two judgment notes, the whole aggregating the purchase money mentioned in the deed. The first note which was a straight note to the plaintiff was subsequently paid. The second note provided that the defendant should pay the interest thereon to the widow owning the dower interest, and after her death the principal to the plaintiff. The plaintiff, however, was not one of the persons entitled to the principal of the dower. Subsequently the three purchasers united in a formal undertaking on the margin of the record of the- mortgage by which each agreed to assume the payment to the widow of a proportionate share of the interest, and at her death to pay the principal to the heirs entitled to it. After the death of the widow these payments of principal were made. Seventeen years elapsed between the entry of the judgment and the death of the widow. During this period the judgment was revived from time to time but without accumulated interest. In the meantime the defendant had sold the land, and after the death of the widow the terre tenants had the- judgment opened as to them. Subsequently the defendant took a rule to open the judgment as to himself. Held, that inasmuch as the judgment was apparently only an additional security to secure the dower, and as the defendant had not been guilty of inexcusable laches, the judgment should be opened to let the defendant into a defense.</p>