Shaylor v. Parsons

Citations

• 1 Pa. Super. 281
• 1896 Pa. Super. LEXIS 159

Syllabus

<p>Satisfaction of judgment under act of March 14, 1876.</p> <p>Under tire act of March 14,1876, P. L. 7, empowering the court of common pleas to decree the entry of satisfaction of a judgment upon due proof that the same has been fully paid, the court can only decree satisfaction in cases of actual payment of the judgment in full by defendant, or in cases where there are such undisputed facts as produce a conclusive result of strict law that satisfaction equivalent to actual payment has been obtained. If there is any doubt or question as to the facts, or the inference to be drawn from them, the statute cannot apply.</p> <p>On an application for a rule on plaintiff to enter satisfaction of two judgments defendant averred that the judgments were entered by virtue of warrants contained in personal property leases for certain horses. That on sale upon fi. fas. directed against said leaseholder’s interest, plaintiff gave notice that purchasers would obtain no title to said property; plaintiff thereupon purchasing at the sale the property mentioned in said leases himself, took them from defendant’s possession. Plaintiff filed an answer alleging that only a part of the rental due had been paid, and the arrears should be paid before he should be required to satisfy said judgments. Meld that it was error to order satisfaction of the judgments.</p>