Practice — Actions — Quieting title — Judgments — Validity — Tax title — Title derived from sheriff's sale — Regularity of proceedings — Collateral attack.
In an action to quiet title and obtain possession of real estate, in which it appeared that defendant in possession was the heir of the deceased registered owner, that judgment was entered in a scire facias proceeding upon a tax lien, and thereafter the property was sold by the sheriff and was subsequently conveyed to plaintiffs and that defendant challenged the validity of the scire facias proceedings, it was Held that (1) returns regular on their face in the scire facias proceeding could not be collaterally attacked in this suit, and (2) the pendency of direct proceedings attacking the prior proceedings did not deprive the plaintiffs of the right to immediate possession.
OPINION PER CURIAM, November 27, 1950:
The judgment of the court below is affirmed on the opinion of Judge ADAMS. Costs of this appeal to be paid by the appellant.