Lehigh & New England Railroad v. Hanhauser

Citations

• 222 Pa. 248
• 70 A. 1089
• 1908 Pa. LEXIS 689

Syllabus

<p>Judgment — Railroads—Contractor—Resolution of January 21, 1843, P. L. 367, Act of April 4, 1862, P. L. 235.</p> <p>Where a judgment has been entered by a contractor against a railroad company, and various other railroad companies have been brought in as terre-tenants under scire facias proceedings under the act of April 4, 1862, the court of common pleas of another county sitting as a court of equity has no jurisdiction to entertain a bill in equity filed by a railroad company, successor of the terre-tenants, averring that such judgment was a cloud upon the complainant's title in the county where the bill is filed, and praying that such judgment be decreed to be not a lien upon complainant’s property in the court in which the bill is filled, and for an injunction to restrain the holders of the judgment from making, or causing to be made, by virtue of it, any levy upon said property. In such a ease the situs of the property in no way controls the question of jurisdiction.</p> <p>A judgment in one county is not a lien against property in a second county; if the judgment is transferred to the second county the courts thereof have no jurisdiction to question its validity; and if a testatum fi. fa. issues from the court of the first county to the sheriff of the second county, the courts of the latter county have no control thereof.</p>