Humboldt S. D. & T. Co. v. Thompson

Citations

• 126 Pa. 434
• 17 A. 663
• 1889 Pa. LEXIS 894

Syllabus

<p>(a) Pending the distribution by an auditor of the proceeds of a sheriff’s sale of mortgaged real estate, terre-tenants presented a petition alleging that no service of the scire facias sur mortgage was made on them; that they were not made parties to the suit, and they could prove by other evidence than that offered at the trial of the scire facias that no money was due on the mortgage and no judgment should have been rendered therein.</p> <p>X. It was not error to refuse an issue prayed for, as no disputed question óf fact as to which the issue was demanded was set out in the petition ; moreover, the proceeding upon the scire facias having passed into judgment, the auditor was concluded thereby and the defence suggested could not be made before him on the distribution óf the fund.</p>