12 Pa. Super. 159 | Pa. Super. Ct. | 1899
Opinion by
The facts stated in the petition upon which the rule was granted to show cause why the entry of satisfaction on the judgment should not be stricken off must be taken as true since they were not denied by any answer of the defendant. These facts show that the city was induced by a mistake of the party paying to enter satisfaction upon the wrong judgment, or upon a judgment not intended to be paid. This payment was not made by the defendant, but by an agent of the owner of a lot adjoining that of the defendant. We have no doubt of the power of the court, upon notice, to strike off the entry of satisfaction of a judgment if it appears that such entry was made by mistake or fraud : Murphy v. Flood, 2 Grant, 411; McKinney v. Fritz, 2 W. N. C. 173. There is nothing in Delaney v. Gault, 30 Pa. 63, that denies this right. All that was decided in that case, so far as it has any bearing upon the question now before us, is that the city cannot, whilst it has in its possession the money received in payment of a muncipal lien, issue a scire facias upon it and convey a good title to a purchaser at the sheriff’s sale. It is no authority at all on the question whether the city can strike off its entry of satisfaction on one lien by showing that the money which was received for that satisfaction was paid to secure the satisfaction of another lien, and that the satisfaction on the wrong lien was made by a mistake-caused by the party paying. Of course we are not now considering the question of the effect of this correction upon the rights of subsequent judgment creditors, mortgagees or other persons who have secured bona fide an interest in the lot, the lien upon which was mistakenly satisfied. Such persons are not now before us and it will be time enough to consider that question when it appears that there are such persons.
. In answer to the motion to quash we would say that we are satisfied that this case belongs to that class in which it is held
Judgment affirmed.