Humphreys v. Rawn
Supreme Court of Pennsylvania
ERROR to the common pleas of Dauphin county. Andrew Murry, treasurer of Dauphin county, against Charles Carson and Charles C. Rawn, Esq. The defendants became the purchasers of an unseated lot in Portsmouth, from the treasurer at a sale for taxes.
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ERROR to the common pleas of Dauphin county. Andrew Murry, treasurer of Dauphin county, against Charles Carson and Charles C. Rawn, Esq. The defendants became the purchasers of an unseated lot in Portsmouth, from the treasurer at a sale for taxes. May Hum- < phreys claiming to be the owner of the lot by his agent, Kearny Wharton, applied to the defendants for payment of the surplus money, after payment of the taxes, for which the lot was sold, and which they declined to pay, because it was not satisfactorily shown that May Humphreys had been the owner of the lot. The bond given by the…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
The court were mistaken in striking off the judgment in this case and in the reason given for it. If there is any case in which a court can strike off a judgment, it must be a very special case, as of fraud or perjury, or of a judgment entered on a cancelled bond, or some such case, and then only where the facts are admitted or established on a trial. The court may open a judgment, or direct an issue to ascertain whether any thing is due, or direct an issue to decide who is entitled to the money, where that is disputed.
If a person shows or…
2Cited by4 opinions
- Township of Middletown v. Fried & Gerber, Inc.Superior Court of Pennsylvania · 1982
- Exler v. American Box Co.Supreme Court of Pennsylvania · 1910
- Garrison v. OwensWisconsin Supreme Court · 1845
- Lycoming Fire Insurance v. Ruch, Pennsylvania Court of Common Pleas, Schuylkill County1872