Plunk. Murray v. Raniszewski Et Ux.

Argued December 14, 1932. This appeal is from an order of a common pleas court refusing to open a judgment entered by plaintiffs against the defendants upon a bond secured by a mortgage of even date therewith and containing a warrant of attorney for the confession of judgment thereon. The evidence produced on a rule to show cause why the judgment should not be opened disclosed that an amount sufficient to pay the claim in full had been paid to a third party who failed to turn over all the amounts so paid to the mortgagees and misappropriated a part thereof. The question involved is whether…