Maloney v. Simpson

Citations

• 226 Pa. 479
• 75 A. 675
• 1910 Pa. LEXIS 802

Syllabus

<p>Municipal lien — Return of service — Amendment of return — Act of June 4, 1901, P. L. 364.</p> <p>1. A sheriff’s return may always be amended so as to conform to the truth, unless some new right has arisen in the meantime founded upon the defective return.</p> <p>2. Where a sheriff’s return of a service of a writ of scire facias sur municipal lien fails to set forth that he made inquiry “ of three persons residing nearest to the property as to the names and residences of the real owners,” when in fact such inquiry was made, the return may be amended even after a sheriff’s sale and deed to the purchaser, so as to conform to the facts.</p> <p>3. Where such an amendment has been allowed, and no appeal taken therefrom, the correctness of the allowance cannot be attacked in a collateral proceeding.</p>