Wheatcroft v. SMITH

Opinion by

Cercone, J.,

The instant appeal arises from the order of the lower court sustaining the garnishees’ preliminary objections and quashing plaintiffs writ of execution. The garnishees (the Tax Claim Bureau, the Treasurer and the Controller of Montgomery County) successfully raisecLthe doctrine of Custodia Legis in the lower court. We find that doctrine to have been misapplied and will reverse. The facts are as follows.

Plaintiff (appellant herein) purchased defendants’ land at a tax sale in 1969. Defendants subsequently brought suit to challenge the validity of the sale and refused to…