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· 3/17/1913

German v. Conover

Citations

  • 240 Pa. 11
  • 87 A. 282
  • 1913 Pa. LEXIS 620

Syllabus

<p>Practice, G. P. — 'Rule to show cause — Averments of answer— Replication — Rules of court — Rule to set aside sheriff’s sale — Act of April 22, 18^6, P. L. J¡.76.</p> <p>Upon a rule to set aside a sheriff’s sale on the ground that the advertisement thereof was inserted in two newspapers owned and controlled hy the same persons, in violation of the Act of April 22, 1846, P. L. 476, where a properly verified answer to the petition for rule denied the essential facts of the petition, and no replication was filed, the averments of the answer must be taken to be true, under rules of court so providing, and the lower court made no error in discharging the rule.</p>

Judges: Brown, Elkin, Fell, Moschzisker, Stewart

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