Smith v. Coray

Citations

• 196 Pa. 602
• 46 A. 855
• 1900 Pa. LEXIS 564

Syllabus

<p>Affidavit of defense — Judgment—Payment.</p> <p>On a scire facias to revive a judgment which had been marked to the use of two use plaintiffs, an affidavit of defense is sufficient which avers that the defendant with his own money had settled with the original owners of the judgment, and in his own interest and for his own purposes had caused the judgment to be assigned to the use plaintiffs; that the use plaintiffs had furnished no means or property in making the settlement, that the judgment had been assigned to the use plaintiffs, one of whom was defendant’s brother-in-law, and the other his confidential agent and trustee upon the distinct understanding that the judgment should be satisfied of record by them whenever the defendent desired it to be done, that one of the use plaintiffs had executed a paper (setforth in the affidavit), acknowledging full satisfaction of his interest in the judgment and authorizing the prothonotary to enter satisfaction therefor, and that after the execution of this paper the other use plaintiff had procured from the first use plaintiff’s widow an assignment of the deceased’s interest in the. judgment without the payment of a single dollar of consideration.</p>