Supreme Court of Pennsylvania, 1886

Moseby's Appeal

Moseby's Appeal
Supreme Court of Pennsylvania · Decided October 4, 1886
3 Sadler 108; 8 A. 165; 1886 Pa. LEXIS 642

Moseby's Appeal

Opinion of the Court

Per Curiam:

This fund was correctly distributed. The auditor found as to the judgments on which the appellant claims that β€œThe fact of actual payment is not denied, nor in any way disputed.” It is undoubtedly true that parol evidence is admissible to rebut a presumption or any equity, yet all the evidence in this case is insufficient to postpone the claim of the appellees or to rebut their equities. The appellant is not in a position to successfully claim this fund.

Decree affirmed and appeal dismissed, at the costs of the appellant.

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