Ashton v. Ashton

CERCONE, Judge:

The instant appeal arises from the lower court’s refusal to order the opening of a default judgment entered for want of an answer to plaintiff-appellee’s complaint in equity. Since we find that the court below abused its discretion, we will reverse the court’s order denying the motion to open and remand for further proceedings.

The relevant fhcts of the instant controversy are as follows: On July 9, 1976 Mr. James Ashton, plaintiff-appellee, caused a complaint in equity to be filed in Washington County seeking to set aside his conveyance of certain real property by deed to his…