Cutter's Estate

Opinion by

Mr. Justice Schaffer,

The question we are to determine on this appeal is whether the orphans’ court has power to order the striking q-Q; of the satisfaction entered on a mortgage. It would seem, giving thought to the fundamentals of our jurisprudence, that to ask the question is to answer it negatively, yet the court below assumed that it had the power and exercised it.

Ross H. Cutter was clerk of the courts of Erie County. He appears to have embezzled public moneys belonging to the county and to the Erie County Law Library, using certain of the funds thus unlawfully acquired to pay…