Fahey v. Beggs

Citations

• 266 Pa. 151
• 109 A. 630
• 1920 Pa. LEXIS 524

Syllabus

<p>Ejectment — Judgment—Collateral attach — Record—Lost record —Rochet entries — Presumption of validity — Scire facias — Alias sci. fa. — Returns of nihil — Jurisdiction—Appeal.</p> <p>1. Where the existence of any jurisdictional fact is not affirmed upon the record in a court of superior jurisdiction, it will be presumed upon a collateral attack that the court acted correctly and with due authority, and its judgment will be as valid as though every fact necessary to jurisdiction affirmatively appeared.</p> <p>2. WThere, in an ejectment, plaintiff relies on a sheriff’s sale under a scire facias issued on a tax lien, and it appears that the records of the sci. fa., the alias sci. fa., and the judgment thereon were lost, and the docket entries show a return of nihil on the sci. fa., and a return of only one nihil on the alias sci. fa., it will be presumed, in a collateral proceeding, that the court in entering the judgment had a proper record before it to give it jurisdiction on two returns of nihil to the alias sci. fa.</p>