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HARRIS v. HARRIS (03/15/68)

decided: March 15, 1968.

HARRIS, APPELLANT,
v.
HARRIS



Appeal from decree of Court of Common Pleas of Philadelphia County, March T., 1967, No. 5969, in case of Millie Harris, also known as Millie B. Harris v. Joe Harris, First Pennsylvania Banking & Trust Co., Adal Corp. et al.

COUNSEL

Herbert H. Hadra, with him Robert H. Arronson and Maurice Freedman, for appellant.

Michael F. Walsh, with him Leonard Spear, and Meranze, Katz, Spear and Bielitsky, for appellee.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice Cohen.

Author: Cohen

[ 428 Pa. Page 473]

This is an appeal from the decree of the court below sustaining appellee's (Nitram, Inc.) preliminary objections in the nature of a demurrer to appellant's cause of action in equity.

The record discloses the following pertinent facts: On March 5, 1965, First Pennsylvania Banking & Trust

[ 428 Pa. Page 474]

Co. confessed judgment against appellant and her hushand on a judgment note apparently signed by the parties and dated September 15, 1963. Damages were assessed and judgment was then entered in favor of First Pennsylvania in the amount of $168.08. The judgment was subsequently marked to the use of Adal Corp. Execution proceedings were then commenced against the premises in question, which premises were owned by appellant and her husband as tenants by the entireties.

Appellee purchased the premises at sheriff's sale. Immediately upon learning that the premises had been sold,*fn1 appellant filed a petition and a rule to show cause why the judgment should not be opened, alleging that her signature on the judgment note was a forgery. The rule to show cause was made absolute.

Thereafter, appellant instituted the present action in equity seeking to set aside the sheriff's sale and to compel appellee to account for all money received from the use of the premises. Appellee filed preliminary objections to the complaint alleging that the complaint failed to state a cause of action. The court below sustained the preliminary objections and this appeal followed.

We are required to determine whether an execution sale on a judgment procured as a result of a forged signature on a judgment note passes good title to property sold thereunder to a bona fide purchaser for value. Whether title will pass at an execution sale depends upon the validity of the underlying judgment. If the execution sale was ...


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