Ground rents — Discharge — Sheriff's sales — Failure to assert rights — Act of May 16, 1923, P. L. 207.
1. A ground rent can be discharged by a sheriff's sale under the Act of May 16, 1923, P. L. 207. [476-7]
2. The validity of a sheriff's sale, based upon a sheriff's return as to service regular on its face, cannot be attacked in a collateral proceeding. [477]
3. Where it appeared that land, subject to a ground rent, and also subject to tax liens exceeding the value of the property was sold for unpaid taxes at a sheriff's sale, pursuant to the Act of 1923, after notice to all interested parties, including the record ground rent owners; and that plaintiff, assignee of the ground rent at the time of the sale under an unrecorded assignment, for a small consideration, had done nothing until more than three years after the sale; it was Held, in an action by plaintiff to recover arrears of ground rent, that judgment was properly entered for defendants. [477-9]
OPINION PER CURIAM, May 26, 1952:
The judgment is affirmed on the opinion of Judge HAGAN for the court below.