66 Pa. 470 | Pa. | 1870
The opinion of the court was delivered, January 3d 1871, by
— It is certainly true that an auditor appointed to distribute the proceeds of a sheriff’s sale cannot go behind the judgment of a court of competent jurisdiction either to inquire into its regularity or its merits; but it is equally true that he is not precluded from receiving testimony to show that since its ren
We are of the opinion that the distribution reported by the auditor was right, and the exceptions ought to have been dismissed and a decree made conformably thereto. It is a case, however, in which we think the costs of this appeal should be paid from the fund.
Decree reversed, and record remitted to the court below that a decree may be there made in conformity with this opinion.