Edwards's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Dauphin county: No. 32, to May Term 1870: In the distribution of the proceeds of the sheriff’s sale of the real estate of John Edwards.
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Appeal from the decree of the Court of Common Pleas of Dauphin county: No. 32, to May Term 1870: In the distribution of the proceeds of the sheriff’s sale of the real estate of John Edwards. John Edwards being the owner of the real estate which produced the fund in controversy, judgment was entered on the 8th of June 1858, in favor of Emeline Lutz, against him and John Swiler, for $300. On the 9th of April 1859, John Edwards made a mortgage to Harriet Shoemaker for $1727, which was recorded on the same day. This mortgage was afterwards assigned to Jacob Mumma. On the 6th of June 1863, an…
1Opinion of the Court
The opinion of the court was delivered, May 26th 1870, by
Thompson, C. J.
— The auditor had not power to go behind the judgment in the amicable scire facias, in the case of Emeline Lutz v. John Edwards, and declare it void and no lien for want of a stamp or on any other ground of irregularity. To have done so would have been to assume the power to review the action of the court; because, although entered by the prothonotary on the agreement of the parties, it stands nevertheless as to conclusiveness as the judgment of the court. A voidable judgment might be. reversed on error, but-is good until…
2Cited by3 opinions
- Milleisen v. SensemanSuperior Court of Pennsylvania · 1897
- Second Nat. Bk., for Use v. FaberSupreme Court of Pennsylvania · 1938
- State Tax on Writs, Pennsylvania Department of Justice1926