Hewes v. Miller

Citations

• 254 Pa. 57
• 98 A. 776
• 1916 Pa. LEXIS 682

Syllabus

<p>Beal property — Alley—Municipal lien — Sheriff’s sale as private property — Bes adjudícala — Alleged dedication to city — Ejectment hy purchaser — Judgment for plaintiff n. o. v.</p> <p>1. A judgment is conclusive not only of what was hut of what might have been litigated in the proceedings leading up thereto.</p> <p>2. Where a city filed a lien against a strip of land used as an alley, describing it as being the property of unknown owners, and thereafter issued a scire facias on said lien and sold the land as private property at sheriff’s sale, such judgment on the scire facias is conclusive of the fact that the property is private and not public, and subsequently in an action of ejectment brought by the purchaser at the sheriff’s sale against the city and persons who had taken possession on the theory that the property was public, and therefore could not properly have been assessed or sold, judgment for the plaintiff non obstante veredicto was properly entered. Defendants remedy was to file an affidavit of defense to the scire facias.</p>