Gould v. Randal

Citations

• 232 Pa. 612
• 81 A. 809
• 1911 Pa. LEXIS 773

Syllabus

<p>Equity — Opening judgment — Real estate — Prior ejectment suit — Res adjudicata — Laches.</p> <p>1. Where in an action of ejectment the plaintiff claims title through a sheriff’s sale on a judgment and the defendant claims that the -plaintiff’s title is defective in that the bond on which the judgment was entered was void because the mortgage accompanying it was a nullity, that the vend. ex. on which the sale was made was void because it was issued after the death of the defendant in the judgment without notice to the latter’s legal representative and that the trial court had no jurisdiction because of the Act of April 20, 1905, P. L. 239, and the verdict in the ejectment suit is rendered for the plaintiff, the defendant in the ejectment is not entitled thereafter to maintain a bill in equity praying that the judgment entered on the bond be opened, and that ■all proceedings thereon be declared void; that the sheriff’s sale made thereon be set aside and the sheriff’s deed canceled; that the judgment be stricken off; that the complainant be authorized to make defense to the judgment, and that the administrator of the defendant in the judgment on the bond be required to make defense to the judgment.</p> <p>2. In such a proceeding the fact that the trial court in the ejectment case would not permit the judgment on which the real estate was sold to be attacked is immaterial, especially in the absence of any allegation that the judgment was collusive or intended to defraud complainant.</p> <p>Judgments — Collateral attack.</p> <p>3. A third party has no right to attack a judgment entered on a warrant of attorney either directly or collaterally in the absence of any allegation that such judgment was collusive or was entered to defraud such third party.</p> <p>4. A judgment entered by virtue of a warrant'of attorney, until set aside or reversed in an appropriate proceeding instituted for the purpose, has all the qualities and effect of a judgment entered on a verdict aft