In re Assigned Estate of Emig

Citations

• 186 Pa. 409
• 40 A. 522
• 1898 Pa. LEXIS 1018

Syllabus

<p>Auditors — Auditor's report — Practico—Res adjudícala.</p> <p>Where an auditor’s report is referred back to the auditor for a specific purpose of the reference, such as to find certain facts, the auditor is confined to the specified purpose, and cannot hear testimony as to matters which have already been adjudicated by the decree of the court.</p> <p>Tlio report of an auditor appointed to distribute a fund raised by an assignee’s sale was referred back to him to find certain facts and to distribute the fund in accordance with the opinion filed. At the original hearing before the auditor a claim for arrearage of interest on dower was presented, but there was no evidence of any notice of such a claim having been given, at the sale or before that time to the heirs, so that they could protect themselves by bidding the property up. After the report was referred back to the auditor evidence was offered to prove that notice of the claim for arrears of dower had been given. Held, that the testimony involved a question which had been adjudicated, and that the auditor committed no error in rejecting it.</p>