Ferguson v. Quinn

Citations

• 123 Pa. 337
• 16 A. 844
• 1889 Pa. LEXIS 658

Syllabus

<p>(а) Section 4 of the act of February 24, 1871, P. L. 126, relating to the registry of lots in the city of Pittsburgh, provides that no property registered as required “ shall be subject to sale for taxes or other municipal claims thereafter to accrue as liens of record, exoejrt in the name of the owner, as returned, and after recovery by suit and service of the writ on him, as in ease of a summons, scire facias or other appropriate writ.”</p> <p>(б) Judgment was entered in a scire facias sur municipal claim by said city upon two returns, that to the first writ being, “posted, and nihil as to defendant;” that to the alias writ being, “ property postod on former writ and nihil as to the defendant; ” upon which judgment the property was subsequently sold upon levari facias :</p> <p>1. Though, generally, a purchaser at sheriff’s sale under a judgment obtained on scare facias sur municipal claim is not bound to show that acts of assembly relating to such proceeding have been strictly complied with, as he will be protected by the judgment: liering v. Chambers, 103 Pa. 172;</p> <p>2. And, while irregularities in respect of notice of the assessment when made, and of the advertisement of the sheriff’s sale, might be cured by the judgment, yet the service of the alias writ was defective under said section, the court acquired no jurisdiction thereby, and the sale was a void sale on a void judgment and passed no title to the purchaser.</p> <p>3. Whether the proviso to § 8 of said act, requiring an owner to redeem within one year from the date of the purchaser’s deed or have no right or title to the })roperty, applies to any except tax sales, doubted; at all events, that proviso could not affect tlio owner’s rights after a sale upon a void judgment.</p>