Throop ex rel. Munn v. Griffin

Citations

• 180 Pa. 452
• 36 A. 865
• 1897 Pa. LEXIS 945

Syllabus

<p>Judgment — •Revival of judgment — Discharge in bankruptcy — Fraud—Evidence.</p> <p>On a scire facias to revive a judgment, the administratrix of the defendant in the judgment set up a discharge in bankruptcy granted to said defendant in 1879. Plaintiffs alleged in reply the fraudulent concealment on the part of the defendant of his title to a lot of land. It appeared that the defendant bought the land in question in 1869, at sheriff’s sale, and made no effort to assert his title prior to his death, which occurred in 1888. In 1890, his widow and heirs at law recovered the land in an action of ejectment. Held, that the evidence of fraudulent concealment was insufficient to submit to the jury.</p>