271 Pa. 249 | Pa. | 1921
Opinion by
It will not be necessary to discuss the question of equitable distribution of John O’Connor’s estate, though no doubt much might be said in appellant’s favor. The sole question before us is whether the court below abused its discretion in refusing to open a judgment entered by appellant in his father-in-law’s favor.
Appellant strongly urges the transaction must be viewed in the light of what occurred when the money was given to make payment on the land, and the note entered of record. Some days had intervened between these acts. But later another stumblingblock was presented ; it arose when defendant consented to the revival. Admitting all the averments of the petition to be true, and that defendant, some days after the money was received, entered a judgment in John O’Connor’s favor, the original judgment, as between the parties, might be subject
A matter, arising since the revival, calls for some comment. It is stated in the petition, but can be taken advantage of only when plaintiff attempts to collect the judgment or issues a scire facias. There was nothing in law to prevent John O’Connor from making a gift of this judgment, revived in 1903, to defendant or his daughter.
The order of the court below is affirmed.